Supreme Court stays BCI order debarring former judicial officer from legal practice

The Supreme Court on Monday stayed a Bar Council of India (BCI) order permanently debarring a Madhya Pradesh-based advocate, Narendra Kumar Jain from practising law. Jain had earlier served as a judicial officer before resigning from the post [Narendra Kumar Jain v. Bar Council of India].

The BCI had passed an order in July, debarring Jain from practice over allegations of professional misconduct arising from repeated, persistent, and unprovoked public attacks on the judiciary and individual judges.

This order has now been challenged by Jain before the Supreme Court.

A Bench of Justices Vikram Nath and Sandeep Mehta today sought the BCI's response to Jain's plea and stayed the debarrment order for now.

"Issue notice. In the meantime effect and operation of the impugned order will remain stayed," the Court said.

According to a TOI report, Jain had earlier run into trouble for making comments against former Madhya Pradesh High Court Chief Justice Ravi Malimath. A Division Bench of the Court reportedly let him off after his counsel apologised for the controversial comments. However, the Madhya Pradesh Bar Council is said to gave later initiated disciplinary proceedings against Jain after he continued to make similar comments on social media.

The BCI reportedly took over after Jain failed to respond to the State Bar Council proceedings, and debarred him from legal practice by an order passed on July 18.

This has now been challenged by Jain before the Supreme Court.

Senior Advocate Vivek Tankha represented Jain in today's hearing and argued that his client was debarred without giving him any opportunity of hearing.

On being asked by the Bench whether Jain had received a copy of the BCI's order, Tankha responded that he had not.

Tankha added that Jain had not even received a copy of the complaint against him from the BCI. Rather, a State Bar Council Member gave Jain the complaint, Tankha said.

The Bench went on to question if Jain is willing to mend his ways.

"Will you correct yourself or not? You are a repeat offender," said the Court.

Tankha, in response, submitted that Jain has had an unblemished judicial service record.

"His wife is an IAS officer. For 20 years he was a judicial officer. He’s never done anything which is untoward," said Tankha.

The Court also addressed Jain, who was present in court, directly and suggested that he stop raising frivolous complaints against judges.

"Ye farzi shikayatein karna band karenge ya nahi? Apne dosto ki... Tankha sahab ki shikayat karenge toh theek hai (translation: Will you stop making these false complaints or not? If you complain against your friends… against Tankha Sahib, that would be fine). But baaki apne local logo ki shikayat matt kariye. Judges ke khilaaf bhi likh rahe hai aap. (translation: But stop making false complaints, you are even writing against judges)," the Court advised.

The matter is likely to be heard next in September.

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