Bar Council of Punjab & Haryana stays HCBA resolution to strip Advocate General Atul Nanda of Bar Association membership

The Bar Council Punjab and Haryana has passed a resolution this evening staying with immediate effect the resolution passed by the Punjab & Haryana High Court Bar Association (HCBA) today to strip Advocate General Atul Nanda of his membership with the Association..Earlier today, the HCBA had passed a unanimous resolution calling for the transfer of Chief Justice Ravi Shanker Jha to another High Court as well as to remove AG Nanda from the Association's membership on account of the High Court's failure to resume physical functioning. .Punjab & Haryana High Court Bar Association seeks transfer of Chief Justice Ravi Shanker Jha; strips Advocate General Atul Nanda of membership.The HCBA had removed AG Nanda from the Association's membership alleging that he "continuously worked against the physical opening of the court and acted against the interest of the Bar.".Nanda expressed surprise at the Association's decision, remarking that “the decision to commence physical hearing rests with the administrative committee of the High court and not with me.” He had added that the courts were closed for physical hearing in view of the COVID-19 pandemic, “which is far from over and the world is still battling the crisis.” .The HCBA's decision had prompted the Bar Council of Punjab and Haryana to convene an emergency meeting at 5.30 pm today, following which a unanimous resolution has now been passed by the Bar Council to stay the HCBA resolution insofar as it relates to removing AG Nanda from membership. .The Bar Council has termed the HCBA's decision to remove AG Nanda from its membership as arbitrary, extremely unfair, unjust, harsh and uncalled for. .Further, it has also stated that the HCBA decision was taken without apprising the House of the factual position, with concealment and in violation of HCBA rules, particularly Rule 10 (d) and Rule 11. In this regard, it has been stated that if any disciplinary action is contemplated against any member of the bar, it cannot be taken without following the drill of the relevant rules. A specific agenda with due notice was required to be circulated if the conduct of a member of the HCBA was to be discussed in the House, the Bar Council has said. On the other hand, no proper notice for the meeting was given nor the minimum quorum required was met before the HCBA decision was taken, it is stated. .The Bar Council has, therefore, termed the decision to remove AG Nanda from HCBA membership as ex facie illegal and in violation of the prescribed procedure. .It is added that AG Nanda has always stood for the cause of advocates and that he has publicly, many a times supported the resumption of physical working of the Courts. .In this regard, reference has been made to letter written by AG Nanda on January 30 giving his consent for the appearance of law officers in Punjab during the physical hearing of cases in the High Court. The said letter was also discussed in an Administrative Committee meeting held yesterday, which comprised of High Court Judges as well. It is stated that the HCBA's office bearers were also invited to this meeting, convened to discuss the physical hearing and resolve pending issues. However, instead of attending the meeting, the HCBA had chosen to boycott it for reasons best known to them, the Bar Council has stated..It has added that the an Action Committee formed to look into the resumption of physical hearings is ready to take all necessary steps to initiate physical hearing at the High Court. The said Committee will also be meeting the Chief Justice shortly, it is added. .In this backdrop, the HCBA's decision to remove AG Nanda from its membership has been stayed with immediate effect, the Bar Council has stated. The Bar Council adds that it fully supports the resolution regarding opening of physical hearings and strongly stands with the High Court Bar Association on this.[Read Bar Council's Resolution]