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Synopsis

In a significant legal news development, the Bar Council of Maharashtra and Goa has initiated disciplinary proceedings against a Mumbai-based lawyer, Mursalin Shaikh, for filing "a frivolous" Public Interest Litigation (PIL) against a sitting judge of the Bombay High Court, Justice Revati Mohite Dere. The BCMG has taken this step after due consideration and discussion during a virtual meeting held on March 27, 2023.

The PIL filed by Shaikh sought action against Justice Dere and contained several "baseless allegations" against her. The BCMG has strongly condemned the filing of "such PILs, which make baseless and cantankerous allegations against judges and can cause harm to their image and reputation".

The Bar Council unanimously resolved to initiate Suo Motu Disciplinary Committee Enquiry against Shaikh for filing such a frivolous PIL, despite being an Advocate and having knowledge of The Judges (Protection) Act, 1985, and the Rules, Regulations, and policy of filing PIL.

The Bar Council formed a three-member DC Enquiry Committee to investigate the matter as per section 35 of the Advocates Act 1961. The committee will look into the allegations made in the PIL and the actions of the petitioner advocate, who made the allegations viral on social media, which, as per Bar Council, "amounts to cheap publicity and scandalizing the image of the judiciary".

The BCMG also expressed concern over the recent trend of making such allegations viral on social media and called for strict action against those who engage in such behavior.

The Bar Council strongly condemned such actions and emphasized the importance of upholding professional and ethical standards in the legal profession. "Advocates have a responsibility to file PILs that are based on facts and evidence, and frivolous allegations can lead to disciplinary action being taken against them", the Bar Council said.