'He Has Always Stood For The Cause Of Advocates': Bar Council Of Punjab & Haryana Stays HCBA Resolution To Remove AG Atul Nanda As Member

Noting that the HCBA's decision to strip Nanda of his membership was taken in an arbitrary manner, the Council said,

"…Atul Nanda has always stood for the cause of Advocates. The said resolution of the HCBA is against the facts as Sh. Atul Nanda has publicly, many a times, supported the resumption of physical working of the Courts".

On Monday, the Punjab & Haryana HCBA passed a resolution seeking transfer of Chief Justice Ravi Shanker Jha, and stripping AG Nanda of his membership with the Association, citing non-resumption of physical hearings.

This prompted an emergent meeting of the Bar Council, where after elaborate discussion it was resolved that whereas on one hand the Council fully supports the resolution regarding opening of physical hearings and strongly stands with the High Court Bar Association, it does not support dismembering of AG Nanda.

"All the members were of the view that the decision taken by HCBA, is extremely unfair, unjust, harsh and uncalled for," the Council said.

It recollected that very recently, i.e. on January 3, 2021, Nanda had addressed the house consisting of all the Presidents and office bearers of all Bar Associations of Punjab, Haryana and Chandigarh and had supported the Resolution of the House for resumption of physical hearing of cases.

"In fact, the Advocate General Punjab has already written a Letter on the 30 of January 2021 giving his consent for appearance of law officers of the State of Punjab during physical hearing of cases in the High Court," the Council added.

The Council further said that the Resolution passed by the HCBA is in complete derogation of the Rule 10 (d) and Rule 11 of the HCBA Rules, as neither the proper notice for the meeting was given nor the minimum quorum, as required, for such meeting was complete.

Furthermore, the HCBA chose to boycott the meeting of the of the Administrative Committee held on January 13 to discuss the resumption of physical hearing, and this fact was allegedly deliberately concealed from the Members.

Lastly, the Council stated that disciplinary action against any Member of the Bar cannot be taken without following the drill of relevant Rules.

"A specific agenda with due notice is required to be circulated if the conduct of a Member of HCBA is to be discussed in the House. The Resolution is ex-facie illegal and passed in violation of the prescribed procedure in the relevant Rules of the HCBA and as such the House unanimously resolves to stay the Resolution "E" of HCBA that part of Resolution with immediate effect," the Council said.

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