Approach High Court: Supreme Court to lawyers assaulted during protest against BCI Chairman

Justice Bagchi remarked that lawyers ordinarily should not resort to protests as they belong to a disciplined community. The law gives them the opportunity to approach the appropriate forum, he said.
Manan Kumar Mishra
Manan Kumar Mishra
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The Supreme Court on Thursday declined to entertain a petition moved by a group of lawyers who were allegedly assaulted last month while protesting against the Bar Council of India (BCI) Chairman Manan Kumar Mishra.

A Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana asked the petitioners, who were seeking a CBI probe into the incident, to approach the Delhi High Court.

"Let them approach the High Court. Otherwise, people may begin to feel that we are entertaining everything. We direct the Registry to return the original paper book to enable the petitioners to approach the jurisdictional High Court," the Court said.

Justice Joymalya Bagchi, CJI Surya Kant and Justice V Mohana
Justice Joymalya Bagchi, CJI Surya Kant and Justice V Mohana

During the hearing, Justice Bagchi also remarked that lawyers should ideally not resort to protests as they belong to a disciplined community.

"Lawyers cannot protest unless this Court’s rulings concerning their response to maladministration in the judicial system permit it. It is a disciplined community with a well-defined mechanism for redressal of grievances," the judge said.

Justice Bagchi added that citizens have every right to take to the streets but lawyers are bound by a certain conduct as officers of the Court.

"When it concerns the administration of justice, this Court has laid down clearly defined principles governing the conduct expected of lawyers as disciplined officers of the court," Justice Bagchi said.

The matter was mentioned this morning by Advocate Prashant Bhushan.

"This matter concerns some lawyers who were protesting inside the Bar Council of India premises on the 21st. They were beaten up by certain persons claiming to be lawyers. The entire incident has been captured by CCTV cameras installed at the BCI premises," Bhushan said

The lawyers, who were 20 to 25 in number, were protesting against BCI Chairman Manan Kumar Mishra on August 21 when the incident allegedly took place.

There have been increasing demands for Mishra's resignation following his recent order to bar the enrollment of students of NALSAR Hyderabad's 2026 batch due to their campaign against CJI. The decision was later withdrawn after severe criticism within and outside the legal fraternity.

Bhushan today told the top court that advocates who had protested against Mishra on August 21 were beaten up by some persons claiming to be lawyers.

He added that Mishra encouraged such "lawlessness" by saying that the protesting lawyers were "legal cockroaches."

"Unfortunately, the Bar Council Chairman issued a statement proudly saying that some 'legal cockroaches' were protesting there and that their lawyers came, beat them and sent them away," Bhushan said.

Bhushan submitted that the petitioners were seeking a Central Bureau of Investigation (CBI) probe into the matter and an immediate order for preservation of CCTV footage.

He added that since the Court was already hearing cases related to BCI, this petition should also be entertained by the top court.

Advocate Prashant Bhushan
Advocate Prashant Bhushan

However, CJI Kant said that the High Court can deal with the issue.

The Bench added that lawyers should have approached the appropriate forum instead of resorting to protest.

"The law itself provides lawyers with a mechanism for raising grievances and gives them the opportunity to approach the appropriate forum," Justice Bagchi said.

Bhushan responded that even if some lawyers were protesting, they could not have been beaten up.

"Definitely not," CJI Kant agreed.

Since the Court said that the High Court would be the appropriate forum for the matter, Bhushan said he would withdraw the petition and move the High Court.

"Your Lordships may consider the circumstances in which these lawyers were protesting at the Bar Council. We will do whatever Your Lordships consider appropriate. If Your Lordships feel that we should approach the High Court, we will do so," he said.

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