Law Students Criticize BCI Chairman's Remarks Against Justices Lokur, Chelameswar [Read Letter]

The stand taken by the Chairman of Bar Council of India Manan Kumar Mishra has yet again come under sharp criticism from a body of law students.

Criticizing the press release issued by the Chairman against ex-judges Justice Lokur and Chelameswar, who had disapproved the procedure followed by in-house enquiry while clearing the CJI's name in the sexual harassment allegations, the Maharashtra Students Law Association (MASLA) has written to him.

"We are also thoroughly disturbed by the insensitive comments in the Press Release directed towards Retired Supreme Court Justices Mr. Chelameshwar and Mr.Lokur", said the letter.

"Why are these honorable men being targeted? Is it simply because they chose to speak their minds? Is it because they are not toeing the official line that the BCI appears to have taken with you at the helm?", they asked.

In an article titled "A One Sided Justice" published by Live Law, Justice Lokur had commented that the Court was driven by an "institutional bias" while dismissing the allegations raised by the woman. Justice Chelameswar had opined that the Supreme Court did not follow due process while hearing the sexual harassment charges against Chief Justice of India.

 The BCI Chairman had expressed his 'shock and surprise' about the comments made by Justice Madan B. Lokur and Justice J. Chelameswar and urged them to "maintain decorum".

Slamming this stand, MASLA has written:

"The tone of the Press Release is disparaging to say the least. It conveniently upends the views of the two ex-judges to serve a duplicitous and perverse narrative of institutional damage.

The institution has already been damaged, but not because the brave have spoken up, but rather because the meek have not.

The people who have expressed their reservations and dissatisfaction about how this issue came to be handled are far from disgruntled people. They are reasoned people who have made their points legally and morally".

The letter went on to add :

"The Press Release has completely brushed aside the prerogative of the woman complainant and essentially her plea that justice has not been served.

The press release does not also explain the CJI Mr. Gogoi's changed stance since the Press meeting of the judges in 2018 in which he was a willing participant with the two ex-judges", stated the letter penned by Deepa Punjani, Executive Committee Member of the MASLA.

The MASLA requested the BCI Chairman to not polarize this issue and to extend an apology to the two ex-judges for the "terribly misconceived" Press Release. 

They have also invited the Chairman's attention to issues affecting the legal education sector. The MASLA rued that the BCI had not paid any attention to the earlier representations sent by them highlighting the issues faced by law students in Maharashtra, especially in the light of amendments brought by Mumbai University.

Earlier, the MASLA had written a letter slamming the jibes made by BCI Chairman against the complainant who had raised the allegations against the CJI.

"You choose to protect this male-centric edifice by not questioning it, when questions need to be asked, however uncomfortable these may be", stated the earlier letter.

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