Ut'khand Bar Council Undertakes In HC To Keep Fee At ₹1750 For Filing Complaints Against Advocates Until BCI Increases It

The Bar Council of Uttarakhand has submitted before the Uttarakhand High Court that it shall not charge beyond Rs. 1750/- (in total) for entertaining complaints filed against advocates for their alleged professional misconduct unless its proposal to increase the fee to Rs. 5500/- is approved by the Bar Council of India.

The undertaking was given before the Bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal which is presently hearing a petition challenging the hike in the fee charges for filing disciplinary cases before the State Bar Council against the erring advocates.

Before the HC, the State Bar Council had explained before the HC that it has been charging Rs. 1750/- in respect of complaints of professional misconduct from the complainants and since, its proposal for enhancement of fee to Rs. 5500/- is pending with the Bar Council of India, the said amount is not being charged from the complainant.

It was further disclosed that the fee leviable in respect of complaint of professional misconduct, under Section 35 of the Advocates Act, 1961, has been revised to Rs. 1000/- by the BCI and therefore, in the state of Uttarakhand, the complainants are liable to pay, in addition to the fee of Rs. 1000/-, the cost of service of process as Rs. 750/-, unless the disciplinary committee grants exemption for the same.

On the other hand, the Counsel for the petitioner submitted that the respondents are not clearly bifurcating the amount of Rs. 1750/-, which is being charged on the filing of a complaint, and it is not being disclosed that Rs. 750/- is being charged towards the cost of service of process.

It was also pointed out that the U.P. State Bar Council, and other Bar Councils in the country, clearly and transparently informs the complainant that Rs. 750/- is being charged towards the cost of service of process.

Further, the petitioner also refuted the claim of the State Bar Council that it is not charging Rs. 5500/-, by stating that in many cases, the amount of Rs. 5500/- has been charged as the fee for entertainment of complaints against professional misconduct, and from whom.

Seeking specific details of such cases and as to how such an amount was charged, the HC has called for an affidavit from the State Bar Council. The matter has been posted for further hearing on September 21, 2023.

Case title - Satya Dev Tyagi v. State of Uttarakhand [WPPIL No. 76 of 2023]

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