BCI Issues Notice To New Delhi Bar Association On A Complaint Alleging Misappropriation Of National Relief Fund For Advocates [Read Notice]

The said Executive Committee of the NDBA is directed to submit a reply within 21 days of the receipt of notice.

The said reply shall then be placed before the Council in its General Body meeting soon after the receipt of the same.

A complaint filed on July 31 has accused the Executive Committee of the NDBA of acts of cheating, fraud and misappropriation of funds related to the National Relief Fund.

It is submitted in the complaint that the funds accumulated in the National Relief Fund were only supposed to be transferred to either the Prime Minister Relief Fund or the State Relief Fund. However, it is alleged that a sum of more than ₹9 crore has been taken out from the said Fund without showing any transfers to either the PM Relief Fund or the State Relief Fund.

'Diverting/transferring the said amount for personal dishonest use is illegal', the complaint argues.

While arguing that the depletion in said Fund amounts to cheating and 'wrongful loss', the complaint states that:

'Since courts were directing the litigants to deposit the amount with faith and trust that Bar Association must be taking care of the Fund, any dishonest misappropriation or conversion of the said amount for own use, or disposing of the same in violation of the direction dated 19/09/16, amounts to criminal breach of trust.'

While requesting initiation of penal action against the officer holders of the Bar Association, the complaint says that as per the constitution of the NDBA, the President of the Secretary or the Treasurer is responsible for operating the account.

Hence, they should be held liable for allegedly siphoning off the funds.

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