'Bar Council Must Uphold Dignity Of Legal Profession': Punjab & Haryana HC On Alleged Sexual Harassment, Swindling Of Funds By HC Bar President

The Punjab & Haryana High Court has said that the Bar Council of Punjab & Haryana should decide the matter at the earliest to avoid any further complications relating to allegations of sexual harassment and embezzlement of funds of the Bar Association against the President of High Court Bar Association, Vikas Malik who recently stepped down from the post.

Malik was also recently arrested under an FIR registered against him for allegedly assaulting another advocate, Ranjit Singh. The Bar Council of Punjab and Haryana has suspended the licence of Malik and barred him from practising before any court till a final decision is made on the complaints against him.

Chief Justice Sheel Nagu and Justice Vikas Suri said, "This Court is of the considered view that this matter should be brought to its logical end as early as possible to avoid any further complication in the matter. A pivotal role has to be played by the Bar Council, which is the mother body of all the Advocates registered and practicing in Union Territory Chandigarh as well as both the States of Punjab and Haryana."

The Bar Council has to rise to the occasion and conclude the proceedings so as to uphold the dignity of the legal profession with the ultimate object of preserving and nurturing the honour and glory of this great institution – the Punjab & Haryana High Court, the bench added.

These observations were made while hearing a PIL filed by advocates of Punjab & Haryana High Court, alleging that Malik and the Secretary of the High Court Bar Association, Swaran Singh Tiwana have misused and embezzled the funds of the Association.

The plea also stated that during a General Body meeting in April, there was an order to remove both office bearers. When lady advocates asked Malik to let the Vice President take charge of the office, he misbehaved with them, it added.

Previously, the High Court directed the Bar Council to look into the sexual harassment allegations against Malik.

"It has been brought to our notice that various complaints of sexual harassment of lady Advocates and lady employees of the Bar Association have been received against respondent No.2. (Vikas Malik) Resultantly, the office of the Chief Justice, which is in receipt of these complaints, is directed to supply copies of the said complaints to the Bar Council to look into these allegations also and to proceed accordingly. Being the Ist Bench, it is the bounden duty of this Court to protect the prestige of this Institution, which apparently has been lowered by respondent No.2, who still has not come forward to put in appearance even today, though well aware that the proceedings are pending before this Court," the division bench observed.

In the present hearing, the Court noted that a General House meeting of the High Court Bar Association was convened on July 02 and it was resolved to constitute a Grievance Committee, consisting of five designated Senior Advocates, to resolve the stalemate.

"We hope and expect that this step taken by the Punjab and Haryana High Court Bar Association on 02.07.2024 will be taken to its logical end by amicably settling the matter," the bench observed.

The matter is listed for July 30, for further consideration.

Title:Anjali Kukar and others v. Bar Council of Punjab and Haryana through its Chairman and others

Ms. Anjali Kukar (petitioner No.1 in person) and Mr. Davinder Singh (petitioner No.4 in person).

Mr. Avinit Avasthi, Advocate, for respondent No.1.

Mr. Pankaj Bhardwaj, Advocate, for respondent No.2.

Mr. Swaran Singh Tiwana – respondent No.3 in person.

Mr. Manish Bansal, Public Prosecutor, UT Chandigarh, and Mr. Navjit Singh, Advocate.

Mr. Shekhar Verma, Addl. Advocate General, Punjab.

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