Ask state bar council to dispose complaints against advocates with a year SC to BCI
New Delhi Dec 18 PTI The Supreme Court has directed the Bar Council of India BCI to issue directions to state bar councils to dispose of the complaints against lawyers received under Section 35 of the Advocates Act within a yearThe top court further directed BCI to dispose of the transferred complaints within a period of one year from the date of receipt of such complaintsA bench comprising justices M R Shah and B V Nagarathna said complaints should be transferred from the state to BCI only in exceptional cases with valid reasonsWe direct the Bar Council of India to finally dispose of the transferred complaints the particulars of which are referred to hereinabove expeditiously but not later than one year from today and for which even the Disciplinary Committee of the Bar Council of India may hold circuit hearingsWe also direct the respective State Bar Councils to decide and dispose of the complaints received by it under Section 35 expeditiously and to conclude the same within a period of one year from the date of receipt of the complaint as mandated under Section 36B of the Advocates Act the bench saidThe top court said under the Advocates Act a duty is cast upon the BCI and state bar councils to safeguard the integrity of the legal profession It is duty of the BCI and respective state bar councils to ensure the nobility of the legal system at all costs it said in its judgement on FridayThe powers to conduct disciplinary proceedings against members of the Bar are provided under Sections 35 and 36B of the Advocates Act The mandate is to dispose of the complaint received under Section 35 andor Section 36 within a period of one year from the date of receipt of the said complaint andor from the date of such proceeding to the Bar Council of India By not disposing of the complaint within the stipulated time provided under the Act would tantamount to failure on their part to perform the duty cast under the Advocates Act the bench saidThe court said that having regard to the fact that 1246 complaints are pending before the BCI it is just and necessary that a mechanism be found for disposal of the said complaints in accordance with the procedure prescribedFor an efficient and quick disposal of the complaints by the Bar Council of India BCI may consider empanelling experienced and seasoned advocates andor retired judicial officers to act as inquiry officers where an inquiry would be necessitated On such inquiry being concluded the report of the inquiry officers could be received by the Bar Council of India On consideration of the said inquiry report the Bar Council of India could pass appropriate orders on the complaint the bench saidThe apex court said the suggestion is being made bearing in mind the number of complaints that are pending before BCIHence the Bar Council of India may issue suitable directions to the State Bar Council to enlist a panel of Inquiry Officers for the purpose of conducting the inquiry on behalf of the Bar Council of India in the respective States itself and on conclusion of the said inquiry to transmit the inquiry report to the Bar Council of India for enabling it to take it further action in the matterThis would also enable the complainants and the concerned advocates against whom the complaints are made to appear before the Inquiry Officers wherever such an inquiry is instituted in the State where the complaint has been filed the bench saidThe top court said this would also remove the difficulties caused to the parties to travel from various parts of the country to Delhi for appearing before the inquiry if any to be conducted on the complaints filed by the complainantsThe judgement came on an appeal filed against order passed by the disciplinary committee of the BCI by which the committee had dismissed the complaint filed by the appellant against his advocateThe appellant had filed the complaint case against his advocate on the ground of professional misconduct PTI PKS ZMN
New Delhi Dec 18 PTI The Supreme Court has directed the Bar Council of India BCI to issue directions to state bar councils to dispose of the complaints against lawyers received under Section 35 of the Advocates Act within a yearThe top court further directed BCI to dispose of the transferred complaints within a period of one year from the date of receipt of such complaintsA bench comprising justices M R Shah and B V Nagarathna said complaints should be transferred from the state to BCI only in exceptional cases with valid reasonsWe direct the Bar Council of India to finally dispose of the transferred complaints the particulars of which are referred to hereinabove expeditiously but not later than one year from today and for which even the Disciplinary Committee of the Bar Council of India may hold circuit hearingsWe also direct the respective State Bar Councils to decide and dispose of the complaints received by it under Section 35 expeditiously and to conclude the same within a period of one year from the date of receipt of the complaint as mandated under Section 36B of the Advocates Act the bench saidThe top court said under the Advocates Act a duty is cast upon the BCI and state bar councils to safeguard the integrity of the legal profession It is duty of the BCI and respective state bar councils to ensure the nobility of the legal system at all costs it said in its judgement on FridayThe powers to conduct disciplinary proceedings against members of the Bar are provided under Sections 35 and 36B of the Advocates Act The mandate is to dispose of the complaint received under Section 35 andor Section 36 within a period of one year from the date of receipt of the said complaint andor from the date of such proceeding to the Bar Council of India By not disposing of the complaint within the stipulated time provided under the Act would tantamount to failure on their part to perform the duty cast under the Advocates Act the bench saidThe court said that having regard to the fact that 1246 complaints are pending before the BCI it is just and necessary that a mechanism be found for disposal of the said complaints in accordance with the procedure prescribedFor an efficient and quick disposal of the complaints by the Bar Council of India BCI may consider empanelling experienced and seasoned advocates andor retired judicial officers to act as inquiry officers where an inquiry would be necessitated On such inquiry being concluded the report of the inquiry officers could be received by the Bar Council of India On consideration of the said inquiry report the Bar Council of India could pass appropriate orders on the complaint the bench saidThe apex court said the suggestion is being made bearing in mind the number of complaints that are pending before BCIHence the Bar Council of India may issue suitable directions to the State Bar Council to enlist a panel of Inquiry Officers for the purpose of conducting the inquiry on behalf of the Bar Council of India in the respective States itself and on conclusion of the said inquiry to transmit the inquiry report to the Bar Council of India for enabling it to take it further action in the matterThis would also enable the complainants and the concerned advocates against whom the complaints are made to appear before the Inquiry Officers wherever such an inquiry is instituted in the State where the complaint has been filed the bench saidThe top court said this would also remove the difficulties caused to the parties to travel from various parts of the country to Delhi for appearing before the inquiry if any to be conducted on the complaints filed by the complainantsThe judgement came on an appeal filed against order passed by the disciplinary committee of the BCI by which the committee had dismissed the complaint filed by the appellant against his advocateThe appellant had filed the complaint case against his advocate on the ground of professional misconduct PTI PKS ZMN
