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The bench of Justice Prathiba M. Singh had directed last month the Bar Council of Delhi (BCD) to place on record a detailed chart of all pending complaints against advocates, including the dates of filing of those complaints and the dates of first notices in all those matters.
The Bar Council of Delhi (BCD) moved the Delhi High Court on Wednesday challenging the single judge bench order directing it to place on record details of all pending complaints against Advocates.
BCD contended that according to the Advocates Act, 1961, State Bar Councils as well as the Bar Council of India (BCI) are not amenable to the writ jurisdiction of the high courts, with regard to their ongoing operations and matters pertaining to disciplinary proceedings. It also stated that there is no provision for interference through writ jurisdiction by the high courts or any other court, other than the Supreme Court.
Notably, the single judge bench of Justice Prathiba M. Singh in February directed the Bar Council of Delhi (BCD) to place on record a detailed chart of all pending complaints against advocates, which was to include the dates of filing of those complaints and the dates of first notices in all those matters. “If there are any second complaints which have been filed and entertained, the same shall be reflected in the chart separately”, the court had said.
Justice Singh had passed the directions while hearing a plea by four lawyers challenging the notices issued by the Bar Council of Delhi (BCD) on February 13, 2023, which required the petitioners to appear in person at the BCD's office. The notices were sent after BCD took cognizance of a complaint filed on January 13.
The counsel on behalf of the petitioners had stated that the January 13 complaint contained the same allegations as an earlier complaint. It was argued that the BCD could not have heard a second complaint based on identical allegations.
The single judge bench had directed that the proceedings in the complaint against the petitioner shall remain stayed till further orders.
A division bench of Chief Justice Satish Chandra Sharma and Justice Sachin Datta on Wednesday issued notice to the four concerned advocates and posted the matter for further hearing on April 17.
Case Title: Bar Council of Delhi through Secretary v. Ms. Malvika Choudhary and Others
Statue: The Advocates Act, 1961
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