High Court Tells Delhi Bar Council Not To Pass Order In Disciplinary Proceedings Against Adv Prashant Bhushan Till November 29

The said Rule framed by the Bar Council of India under Section 49(1)(c) of the Advocates Act, 1961 proscribes an Advocate from appearing in a pro bono public interest case on behalf of an organisation of which he/she happens to be an office bearer or member of its executive committee.

Bhushan had appeared as Advocate for three NGOs namely, Centre for Public Interest Litigation (CPIL), Swaraj Abhiyan and Common Cause, while being on their governing bodies.

Accordingly, the Bar Council of Delhi (BCD) had initiated action against him.

The High Court was hearing a petition moved by Bhushan challenging the aforesaid provision and seeking quashing of the complaint.

He submitted that despite pendency of the proceedings before the Court, the BCD proceeded against him yesterday and order was reserved.

The BCD on the other hand contended that there was no stay on its proceedings.

"But when the matter is coming today, what was point of BCD proceeding yesterday?" the Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla remarked at the outset.

It thus stayed the passing of the final order in the proceedings against Bhushan till the next date of hearing, i.e., 29 November.

In his defence, Bhushan has stated before the Bar Council of Delhi that Rule 8 has no application in a case wherein an Advocate, who is on the Executive Committee of a non-profit organization, appears in a public interest case without any fees.

Case Title: Prashant Bhushan v. Bar Council of Delhi & Anr.