Bar Council of India (BCI)
Bar Council of India (BCI)

"Few blessed lawyers” attempting to hijack the Legal Profession, common advocates lose out: BCI to gather opinion on resuming regular courts

Shruti Mahajan

The Bar Council of India (BCI) has decided to consult Advocates from the Supreme Court and all High Courts and District Courts to gather opinion on the resumption of regular court hearings.

In a statement issued on Wednesday, the BCI said that it has received various complaints and concerns from lawyers regarding virtual hearings. The video conferencing hearings have been marred by disturbances on account of poor connectivity or other technical glitches, the BCI says.

It adds further that listing of cases on a "pick and choose" basis in some High Courts was also a concern flagged.

"In the opinion of some of the biggest Bar Associations and several advocates of Supreme Court and High Courts, some people are trying to take undue advantage of lockdown (and almost closure of Courts) and the legal profession is gradually being attempted to be highjacked by a few blessed lawyers and selected law-firms who have high level connections."
the BCI says.

The public of the country as well as the advocates are in the dark about what is transpiring in the Courts on account of the virtual hearings, the BCI says, adding that the Courts cannot shut their eyes to this issue.

The BCI statement adds that the Chief Justice of India and the Chief justices of High Courts may have to be approached to point out that decisions on the mode of hearing that are made without taking the Bar into confidence would not be able to succeed.

Therefore, the BCI has decided to hold an opinion poll on the issue through the State Bar Councils and the Bar Associations. To this end, the BCI has also sought reports by the State Bar Councils, which are also expected to contain suggestions for the necessary steps that can be adopted by courts to ensure the safety of all stakeholders.

"The Council will make desirable request and submit appropriate demand to the Hon'ble Chief Justice of India after discussing the reports to be received from State Bar Councils and Bar Associations."
BCI says, in its statement.

In relation to virtual hearings at the Supreme Court, the BCI has also decided to request the Chairman of the e-committee, Justice DY Chandrachud to give instructions to the concerned authorities to make provision for extra links for the hearings to ensure that all the counsel involved in the case are able to be a part of the hearing, as opposed to the two links being provided as of now.

Government urged to provide financial assistance to needy lawyers

The BCI has also resolved to once again request the Prime Minister and the Chief Ministers to provide assistance to needy lawyers during this time of lockdown and to help them overcome the professional loss they have suffered and are still suffering.

The BCI and the State Bar Councils have been extending as much help from their end as they can, the statement adds. However, it is pointed out that their resources are limited. Therefore, the government's intervention for helping the lawyers in financial distress is required, the BCI said.

Read the Press Release:

BCI Press Release - 20 May 2020.pdf
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