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The decision was taken following a meeting held on September 3. The BCI has opined that the matter requires consideration in light of Sections 24A and 35 of the Advocates' Act, 1961.
The Bar Council of India (BCI) has opined that the tweets by Advocate Prashant Bhushan which had triggered criminal contempt proceedings as well as the judgment convicting Bhushan for contempt needs a thorough study and examination.
Pertinently, this would effectively be to discern whether the same would amount to professional misconduct meriting his disqualification from the Bar Council rolls. In this regard, the relevant provisions of the Advocates' Act, 1961 cited in the BCI's press release are Sections 24A and 35.
Section 24A deals with disqualification for enrolment whereas Section 35 deals with punishment of advocates for misconduct.
Under Section 35, if a disciplinary committee of the State Bar Council finds a lawyer guilty of professional misconduct, he may be reprimanded, suspended or removed from the rolls of the Bar Council.
"... the Judgment of the Hon’ble Supreme Court of India needs thorough study and examination by the Bar Council in the light of the statutory duties, powers and functions conferred on it under the Advocates’ Act, 1961 and the rules framed thereunder, particularly, Section-24A and Section-35 of the Advocates Act, 1961 and Chapter-II, Part-VI of Bar Council of India Rules", states the BCI press release.
As such, the BCI has unanimously resolved to direct the Bar Council of Delhi, where Advocate Prashant Bhushan is enrolled, to examine the matter and decide the same as expeditiously as possible.
The decision was taken following a meeting held on September 3, 2020.
Read the Press Release: