Team  SoOLEGAL

Bar Council of India Issues Show Cause Notices to Dushyant Dave and Other Office Bearers of SCBA for misconduct under the Advocates Act, 1961

Team SoOLEGAL 19 May 2020 3:32pm

Bar Council of India Issues Show Cause Notices to Dushyant Dave and Other Office Bearers of SCBA for misconduct under the Advocates Act, 1961

On May 17, the Bar Council of India (BCI) sent a notice to President Dushyant Dave of the Supreme Court Bar Association (SCBA) and other office members as to why corrective action should not be taken against them under Sections 35 and 36 of the Advocates Act, 1961.

The Bar Council of India has made allegations on Dushyant Dave, Rohit Pandey and Ritu Bhardwaj on the ground that they have used “derogatory, defamatory and filthy words and have acted in most impropers, unlawful and indecent manner which cannot be said to be befitting to their status as Advocates. This can never be a gentleman’s behaviour as expected from an Advocate under the Advocates Act, 1961 or under the Bar Council of India Rules.”

Terming SCBA’s letter, which disregarded the BCI's decision to stay SCBA’s earlier resolution suspending its Secretary, Mr. Ashok Arora, as "improper and indecent," and further alleging that the Office Bearers used defamatory, derogatory and/or filthy words, the BCI expressed the prima facie view that the 3 individuals has committed an act of misconduct punishable under Sections 35 and 36 of the Advocates Act, 1961.

Referring to the BCI 's resolution as unconstitutional, unlawful, without authority and unjustified, the SCBA wrote to the BCI Secretary on 12 May, reminding the SCBA of its stance as follows, “The Bar Council of India is established under the Advocates Act, 1961 and its power, duties and responsibilities are circumscribed by the said Act. The BCI has no power or authority to supervise much less control any Bar Association in the country including the SCBA.”

The Council has also claimed that the SCBA resolution suspending Ashok Arora is unconstitutional and breaches the rights of many Association members. The SCBA' actions have caused mental anguish and  further they have adversely affected Mr Ashok Arora's image, and it is the Council's responsibility under the Advocates Act to protect Advocates' rights, privileges and interests.

The reply to the notices has been expected to be received at the office of BCI within 15 days upon the receipt of the notice. Failure to do so would imply that there is no response to be made.



Tagged: Bar Council of India   President Dushyant Dave   Supreme Court   Bar Association   Advocates Act   Rohit Pandey   Ritu Bhardwaj   BCI Secretary  
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.