The Supreme Court has ordered the Bar Council of India (BCI) to furnish comprehensive data regarding the status of various disciplinary proceedings pending before it and various State Bar Councils.
The order was passed by a Bench of Justices Arun Mishra and Aniruddha Bose in a contempt petition filed by NGO Common Cause alleging that lawyers in Delhi were violating directions in the 2002 judgment of Ex-Capt. Harish Uppal v. Union of India & Anr by resorting to strikes,
Advocate Prashant Bhushan appeared for the petitioner.
The BCI has been ordered to furnish data showing what it has done for implementation of its Resolutions relating to disciplinary issues. The Court has also asked BCI to furnish data regarding disciplinary matters pending before the BCI and various State Bar Councils and the duration for which they have been pending.
“Let BCI file entire data showing what it has done for implementation of its Resolutions as well as disciplinary matters pending throughout the country with various Disciplinary Committees of the various State Bar Councils and how many matters on disciplinary side are pending before the BCI and for how long.”
The Court also ordered the BCI to provide data with respect to the periodic strikes and cease work which are taking place in the country at various places and reasons for that. The affidavit should show whether the State Bar Councils have initiated any disciplinary action against the lawyers indulging in such strikes.
“Let data of all the State Bar Councils be furnished on an affidavit and also the data with respect to the periodic strikes and cease work which are taking place in the country at various places and reasons for that and also whether the State Bar Councils have initiated any disciplinary action against the lawyers for indulging into the strikes which are not permissible and contrary to the Resolutions.”
The BCI will have to file its affidavit with the above details by September 20.
The matter has now been directed to be listed in the final week of September 2019.
[Read Order]
