Senior Counsel Dushyant Dave
Senior Counsel Dushyant Dave

BCI's order staying SCBA decision to suspend Ashok Arora "illegal, unauthorized, and perverse", says SCBA President Dushyant Dave

Shruti Mahajan

President of Supreme Court Bar Association (SCBA), Senior Counsel Dushyant Dave has termed the BCI's order staying the resolution passed by the Association's Executive Committee to suspend Advocate Ashok Arora as "illegal, unauthorised, and perverse".

In a resolution passed on May 10, the Bar Council of India (BCI) had stayed the resolution passed by the Executive Committee of SCBA by which Advocate Ashok Arora was suspended from his position as Secretary of the SCBA.

President of the SCBA, Senior Counsel Dushyant Dave has now opposed the BCI decision, stating that the BCI does not exercise any supervisory jurisdiction over the SCBA. He adds,

"It is a direct attack on independance of Bar Associations across the Country, not just on the SCBA. BCI has no supervisory jurisdiction or control over Bar Associations which are not at all governed by the Advocates Act, 1961."
Dushyant Dave

The BCI's order indicates a "total failure of the BCI" to conduct itself in a legal manner, Dave says, adding that the order does not conform to the provisions of the Advocates Act. The order in question, Dave said, is outside the ambit of Section 7 of the Act.

"Order has no legs to stand and deserves to be treated as non-est and incapable of any implementation."
Dushyant Dave

Terming the action of the BCI as being highly "mischievous", Dave has said that the order ought to be ignored by the SCBA and that the same "does not deserve any respect whatsoever."

The BCI yesterday weighing in on the controversy surrounding the SCBA's infighting, had said that the dignity, prestige, and honour of the Bar of the Apex Court has eroded.

After the SCBA's EC resolved to suspend Arora, he made a representation before the BCI. On considering the same, the BCI, in its resolution dated May 10, had expressed dismay over the functioning of the SCBA and had stayed the resolution by which Arora was suspended.

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