The notice was issued on lawyer Ashwini Upadhyay's representation, which sought to ban legislators from practising in courts. Upadhyay had said that since MPs and MLAs were drawing salaries, they could not be allowed to practise as per BCI and Advocates Act rules.
Citing some judgments of the Supreme Court, Upadhyay contended before the BCI that such MPs or MLAs cannot secure their clients honestly as they were supposed to attend Parliament/assemblies when in session. "This apart, they are the public servants as per settled law of apex court," the representation said.
The BCI, a few weeks ago, had constituted a sub-committee consisting of its senior members and co-chairmen B C Thakur, RG Shah, DP Dhal and S Prabakaran (special invitee).
"The committee, after considering the representation, has decided to issue notice to the MPs/MLAs and has invited their comments with regard to the representation. The council has thought it just and proper to seek the comments of those MPs, MLAs or MLCs who are in legal practice, before taking any final decision in this matter. It is very important issue which may have far-reaching affects. Therefore, it is necessary to invite the opinion, views and comments of the persons concerned," the statement read.
The BCI is to meet on January 21 for taking a final decision on this crucial issue, said chairman Mishra.Tagged: BCI Bar Council of India Supreme Court Dual Earnings