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Supreme Court directs to Bar Council of India

Complaints Against Advocates be disposed off timely : Supreme Court to Bar Council of India

Complaints Against Advocates be disposed off timely : Supreme Court to Bar Council of India

SC by its had passed a detailed judgment of 17.12.2021, after taking into consideration Section 35 and Section 36B of the Advocates Act, the Court had directed the Bar Council of India to issue appropriate directions to the concerned state Bar Councils to decide and dispose off the complaints within a period of one year from the date of receipt of such complaints/proceedings and on failure to dispose off the same within a period of one year, all such complaints be transferred to BCI for its decision. Therefore, as such, the BCI was required to finally decide and dispose of the transferred complaints

In spite of the above order Court noted that "to have the discipline and maintain the purity of the profession, the complaints made by the concerned litigants are required to be disposed off at the earliest so that the litigants may continue to have faith in the justice delivery system and in the profession", the Supreme Court on May 27th 2022, "as a last chance", extended the time for the BCI to dispose off the complaints against advocates received by it and/or transferred to it by 3 months i.e. by 31 December 2022.

The above order came from the SC in a contempt case against the earlier order passed by this court and now Senior Advocate and BCI Chairman Manan Mishra argument before the bench comprising Justices M. R. Shah and Krishna Murari 

 "When the litigant goes to the bar council, initially he goes to the bar Council of the concerned state. When the state bar council did not take any action, thereafter the cases are deemed to have been transferred to the bar Council of India. Now if they are also taking 1, 2, 3, 4 years, what will happen? Indiscipline cannot be tolerated"

Justice Krishna Murari: "Even if the complaint is false, just see where the advocates are hanging"

Justice Shah: "If somebody has committed misconduct, he should be punished. If he has not done anything, then he should be exonerated!"

The Court noted  that 1273 complaints were transferred to the BCI from State Bar Councils over the last five years, a mechanism for disposal ought to be developed.

 Charanjeet Singh Chanderpal Vasant D. Salunkhe & Ors.| CONMT.PET.(C) No. 309/2022 in C.A. No. 7478/2019 Judgment Dated :27.05.2022