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Synopsis

The Delhi High Court has recently ruled that lawyers being put to harassment and frustration due to repeated complaints of the Bar Council cannot be countenanced unless some serious case of misconduct is made out against them.

Justice Prathiba M. Singh was hearing a plea filed 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 on February 24th, 2023 at 4.00 pm 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 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.

On perusal of the material placed on record in the present case, the court said, “The prima facie position which emerges is that the complaints which have been filed are identical in nature before the BCD. The first complaint was dismissed by BCD but the second complaint has been entertained.”

“The crux of the dispute appears to be a family dispute involving the Datwani family including Mr. Anand Datwani and Mr. Janak Datwani into which Counsels representing one side i.e., Mr. Janak Datwani has been embroiled and roped in”, Justice Singh said.

The court added “In this background of a family dispute, lawyers being put to harassment and frustration due to repeated Bar council complaints cannot be countenanced unless some serious case of misconduct is made out. The present petition deserves consideration of this Court”.

It further noted with concern that several petitions relating to complaints against advocates are being filed on a regular basis, with the BCD delaying the examination of the same. The same level of haste is demonstrated in the present case, court said. 

The single judge bench, therefore, directed the Bar Council of Delhi (BCD) to place on record details a detailed chart of all pending complaints against Advocates, which shall 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 said.

Court also directed that the hearing which had been fixed for February 24, shall stand adjourned and the proceedings in the complaint against the petitioner shall remain stayed till further orders.

Furthermore, the court directed the BCD to file the detailed chart within six weeks. Accordingly, the court listed the matter for further hearing on April 20.

Case Title: Malvika Choudhary & Ors. v. Bar Council of Delhi & Anr.