The Bar Council of India issued a show-cause notice against the Supreme Court Bar Association President Dushyant Dave and other officers. The notice is to initiate disciplinary action against them under Section 35 and 36 of the Advocates Act. This is because, the Supreme Court Bar Association returned the resolution passed by the Bar Council of India on May 10, 2020. The BCI by that resolution had stayed the suspended Advocate Ashok Arora from the position of Secretary. Furthermore, SCBA while returning the resolution contented that it is an independent institution; BCI has no jurisdiction over any association in the country.
Contentions by Bar Council of India
The Bar Council contended that it was going to place the issue concerning the suspension back before the SCBA’s general body. SCBA’s Executive Committee solely was not empowered to remove an office bearer from the post; the general body elected the office-bearer. Moreover, the letter sent by President Dave while returning the resolution consisted of “derogatory, defamatory and abusive” words. In effect, it has disregarded and flouted the most innocuous and reasonable directions contained in BCI’s unanimous resolution. As a result, the President and other members have committed acts of misconduct under the Advocates Act. Lastly, BCI claimed that it acted within its jurisdiction.