Bar Council of India, Justice Lokur and Dushyant Dave
Bar Council of India, Justice Lokur and Dushyant Dave

Attack by disgruntled lawyers, unhappy former judges on the Supreme Court is a conspiracy to browbeat the institution: Bar Council of India

Shruti Mahajan

The Bar Council of India in its press statement, has condemned the statements made by some lawyers and retired Judges criticizing the Supreme Court, calling the same as a synchronized attack on the Apex Court in a conspiracy to browbeat the institution.

Worrying about the "sad state of affairs", the BCI says that the Indian Bar is worried about the outcome of such "unscrupulous attacks" and says that the Bar would ensure that the Judiciary is not weakened in the face of these attacks.

The BCI says that this is an unprecedented event as never in the history of the Indian Judiciary have such attacks been witnessed.

The sustained and synchronized attack on the Supreme Court by some senior advocates and former judges is a conspiracy to weaken and browbeat the institution. Never before in the history of the country has such a concerted attack by some disgruntled members of the bar and some unhappy and disappointed former judges has been witnessed.
Bar Council of India

The BCI has taken objection to an opinion piece penned by Justice (retd.) Madan Lokur on The Wire giving an "F" grade to the Supreme Court in dealing with the issue of migrant workers amid the pandemic and lockdown.

The BCI says that it was Justice Lokur who was heard "giving sermons" that nobody should indulge in activities that would shake the faith of the public in the judiciary. However, his recent take on the Supreme Court suggests that he has joined this "group of misguided people".

Justice (retd.) Madan Lokur
Justice (retd.) Madan Lokur

An article of that nature coming at a time when the Supreme Court has taken suo motu cognizance of the crisis is even more reprehensible, according to the BCI, which says that such a move is an attempt to influence the Court to "toe a specific line" which would "fulfill the agenda to defame the government."

Without naming anyone or shedding any light on who is being referred to, the press statement says that for a few years, "a handful of people" have indulged in making reckless statements against and criticizing the Highest Court in the country.

This is done to settle their political agenda by training their guns against the judiciary, but, they have consistently failed in achieving their morbid designs. Such lot of people are frustrated and aggrieved with the government, but they have been making unsuccessful attempts to utilize the forum of apex court to settle the score.
BCI Press statement

Making a veiled reference to Senior Counsel and President of the Supreme Court Bar Association (SCBA), Dushyant Dave, the BCI refers to Dave's recent address during a webinar where Dave opined that the Supreme Court should have been proactive at a time of crisis such as the one faced by migrant workers.

Without naming Dave, BCI says that it appears the Dave has not only not read Article 14 of the Constitution but has also not read the bye-laws of the SCBA Rules. The attack on Dave is made on account of the recent tiff between the BCI and SCBA over removal of Advocate Ashok Arora from the position of SCBA's Secretary.

The BCI concludes that the indulgence of the former members of the Judiciary in making comments critical of the institution is unfortunate and suggests that these Judges are disgruntled for not having secured a plum posting or desired berth after superannuation which has left them bitter.

Such people should join politics and go in public directly and face the common mass of this country. The people will deal with them properly.
BCI adds

This press statement is signed by BCI's Chairman, Advocate Manan Kumar Mishra.

Read the Press Statement:

BCI Press Release Dated 30.05.2020.pdf
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