Supreme Court stays 'drastic' BCI order warning lawyer of licence suspension if she fails to pay ₹50k costs

The Supreme Court recently stayed a decision by the Bar Council of India (BCI) to impose costs of ₹50,000 on a lawyer for filing a vague complaint alleging misconduct by her brother, also an advocate..Notably, the BCI had also warned that the complainant-lawyer's licence would be suspended for six months if she failed to pay up the costs imposed.These aspects of the BCI order were stayed by a bench of Justices Abhay S Oka and Ujjal Bhuyan on January 25 after the affected lawyer (appellant) challenged the order."The Disciplinary Committee of the Bar Council of India has imposed costs of ₹50,000 on the complainant while dismissing her complaint and has passed a very drastic order that if the cost amount is not paid, the license of the appellant will be suspended for six months ... We stay only that part of the impugned order by which costs was imposed and consequences of non-deposit of costs has been provided," the Court said..The Court, however, clarified that it was not inclined to interfere with the dismissal of the complaint itself. The Court further made the BCI a party in the matter and sought its response. The case will be taken up next on March 15..The appellant-lawyer had made a complaint against her brother before the BCI stating that he was continuously harassing her by writing derogatory emails.The Disciplinary Committee of the BCI dismissed the complaint in November for not being maintainable under the Advocates Act. The BCI committee also directed the complainant to deposit ₹50,000 with the welfare fund of Maharashtra and Goa Bar Council. The BCI added that the lawyer's licence would be suspended for six months if she failed to pay up this amount. The top court has now stayed the BCI's order to a limited extent, in so far as it relates to the payment of costs.Apart from the BCI, the Court also sought the response of the lawyer's brother.