Bombay High Court issues notice in plea challenging amended Bar Council of India Rules

The Bombay High Court on Friday issued notice in the plea challenging the amended Bar Council of India (BCI) Rules that prohibit indecent, derogatory, defamatory, motivated, malicious or mischievous statements against any court, judge, State Bar Council or the BCI. (Amritpal Singh Khalsa v. Bar Council of India).A Bench of Justices KK Tated and PK Chavan has issued notice to all respondents, returnable by August 30, 2021..As per the latest rules, criticising or attacking any decision of any State Bar Council or Bar Council of India on public domain will also amount to "misconduct", which could attract disqualification or suspension..Criticising Bar Council decision, motivated comment against judges ground for disqualification of lawyers: BCI amends Rules .The petitioner, therefore, contended that the amendment is violative of the Advocates Act, 1961 and Articles 14, 19(1) (c)and 21 of the Constitution and sought for a declaration to that effect from the Court..The petition additionally sought for an order of injunction against Chief Justice of India (CJI) NV Ramana from granting approval to the Rules. This is in view of the fact that the approval of the CJI is necessary before amendments to the BCI Rules can come into force, as per the proviso to Section 49(1) of the Advocates Act..Petitioner in person, Amritpal Singh Khalsa has sought for a stay on the operation of the rules. .The High Court, however, on Friday declined to grant any interim relief. .The new amendments were notified in the gazette on June 25. It introduced two key changes to the BCI Rules - Sections V and V-A added to Part VI, Chapter II of the Rules..The amended rules lay down that a lawyer making any statement which is indecent or derogatory, defamatory, motivated, malicious, or mischievous against any court, judge, State Bar Council or the BCI, can be a ground for suspension or cancellation of licence to practice law..The new rules have also been challenged in the Supreme Court and the Kerala High Court. .In the meanwhile, the BCI decided to review the rules in the wake of concerns being expressed by several lawyers. On June 30, 2021, the BCI issued a press release intimating that till the review committee submits its report, the amendment would be kept in abeyance..[BREAKING] BCI decides to keep amendments to its Rules in abeyance; constitutes committee to review the Rules