UP Bar Council VS BCI- "Have Power To Give Directions To State Bar Councils Under Advocates Act": BCI Tells Delhi High Court
The Chairman of the Bar Council of India, Manan Mishra, has informed the Delhi High Court that the Circulars dated 19th January, 2021 and 2nd February, 2021 for appointment of Committees to look after the activities of the Bar Council of UP have been issued in exercise of its powers under the Advocates Act. Mishra told a Single Bench of Justice Prathiba M. Singh that the BCI has power...
The Chairman of the Bar Council of India, Manan Mishra, has informed the Delhi High Court that the Circulars dated 19th January, 2021 and 2nd February, 2021 for appointment of Committees to look after the activities of the Bar Council of UP have been issued in exercise of its powers under the Advocates Act.
Mishra told a Single Bench of Justice Prathiba M. Singh that the BCI has power to give directions to the State Bar Council under Section 48B of the Advocates Act, 1961, and accordingly the impugned direction has been given.
The provision states: For the proper and efficient discharge of the functions of a State Bar Council or any Committee thereof, the Bar Council of India may, in the exercise of its powers of general supervision and control, give such directions to the State Bar Council or any committee thereof as may appear to it to be necessary, and the State Bar Council or the committee shall comply with such directions.
He further undertook before the Court that the BCI will conduct a meeting with the representatives of the State Bar Council and attempt to amicably resolve the matter.
Taking this submission on record, the Single Judge said that a report of the outcome of the meeting should be placed before it.
The order stated,
"The grievance of the Petitioner is that they were not afforded a hearing as also that the BCI ought not to be permitted to interfere in the day to day working of the State Bar Councils. Mr. Mishra submits that the BCI would meet with both factions of the State Bar Council and attempt to amicably resolve the matter.
The meeting with the BCI shall accordingly take place on 15th March, 2021. On the said date, all the respective groups may be represented and an attempt shall be made to sort out the disputes between the different factions of the Bar Council of Uttar Pradesh.
Let the said meeting be held in the premises of BCI, Delhi. Intimation about the meeting shall be given by the BCI to all the stakeholders concerned and the time shall also be fixed."
The matter is fixed for consideration on April 9.
Background
On receipt of a complaint against the Uttar Pradesh Bar Council, the BCI issued two Circulars dated 19th January, 2021 and 2nd February, 2021 for appointment of a nine-member Committee to look after its activities and a three-member Committee for conducting its elections, respectively.
Opposing the same, the UP Bar Council submitted that vide the impugned circulars, the State Bar Council has, in effect, been superseded by the BCI and its bank accounts are put under the control of the three-member election committee.
Its main grievance is that the order was passed without affording an opportunity of hearing.
The High Court had issued notice on the petition last month.
The BCI Chairman has assured that the matter shall be settled amicably after hearing both factions of the State Bar Council.
Advocates Swetashwa Aggarwal, Rajiv Bajaj, Saurab Soni, Mannat Singh, Shishir Prakash and Karuna Krishan Thareja appeared for Bar Council of UP.
Senior Advocate Manan Mishra with Advocate Preet Pal Singh for BCI.
Case Title: Bar Council of Uttar Pradesh & Anr. v. Bar Council of India & Ors.
Read Order