The Bar Council of India has objected to the Delhi High Court's decision to bar senior advocates R K Anand and I U Khan from practising for four months, terming it as an encroachment on its power.The apex regulatory body for practising lawyers comes a day after advocates struck work in subordinate courts on the same issue.Suraj Narain Prasad Sinha, Chairman of the Bar Council of India, said they were not concerned with the merit of the verdict against the two lawyers. “As far as the merit of the judgement is concerned, we are not bothered. Our stand is with regard to the powers encroached by the Delhi High Court in directing the two senior advocates not to appear in the High Court and its subordinate courts for the next four months," Sinha said.“If it is not set aside, then the order will become a law,” he added.
Asked if striking work in courts was the best way that the lawyers could have drawn attention to the issue, Sinha said, "The Bar Council of India is not in favour of strike. According to the Supreme Court, the strike is applicable only in exceptional cases." The BCI favoured strict punishment for convicted advocates if they were found guilty but the decision to bar the advocates is not acceptable to it.“Even the BCI will take strict action if they will be found guilty but encroachment of power of the Council is not acceptable," BCI member advocate Ram Avtar Gupta said.
On the future action in the matter, Sinha said, “The power of the BCI are original powers, appellate powers and revision powers. If the disciplinary proceedings were not finally concluded within one year by the state Bar Council, then the matter will be transferred to the BCI." The High Court, on June 21, had barred Anand and Khan from practise for four months and recommended stripping them of their "senior advocate" designation after convicting them for contempt of court in the BMW hit-and-run case, following a sting operation.
Asked if striking work in courts was the best way that the lawyers could have drawn attention to the issue, Sinha said, "The Bar Council of India is not in favour of strike. According to the Supreme Court, the strike is applicable only in exceptional cases." The BCI favoured strict punishment for convicted advocates if they were found guilty but the decision to bar the advocates is not acceptable to it.“Even the BCI will take strict action if they will be found guilty but encroachment of power of the Council is not acceptable," BCI member advocate Ram Avtar Gupta said.
On the future action in the matter, Sinha said, “The power of the BCI are original powers, appellate powers and revision powers. If the disciplinary proceedings were not finally concluded within one year by the state Bar Council, then the matter will be transferred to the BCI." The High Court, on June 21, had barred Anand and Khan from practise for four months and recommended stripping them of their "senior advocate" designation after convicting them for contempt of court in the BMW hit-and-run case, following a sting operation.
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