The Bar Association of the Supreme Court has written to the Bar Council of India Secretary stating that the BCI has no power or authority to control any Bar Association in the country, including the SCBA.
The acting secretary of the SCBA, Mr. Rohit Pandey has written to BCI’s secretary after the BCI stayed the Supreme Court Bar Association resolution dated 8th May, whereby the SCBA had suspended its Secretary Mr. Ashok Arora. The SCBA has sought to return the resolution passed by the BCI vide this letter.
The SCBA commenting on the same said, “Our Executive Committee believes that the BCI is a respectable body created by the Parliament for the specific purposes enshrined in law and not to do what it has purported to do by the above resolution.” The SCBA in the letter addressed to Mr. Srimanto Sen has also highlighted that the resolution “purportedly passed by the BCI is illegal, unauthorised, without jurisdiction and unwarranted and that it evades the rights of the SCBA to manage and run its affairs.”
The letter, while pointing out that the said resolution of staying is a unanimous decision taken by the SCBA, also describes the action as a “misconception of law” & done in “Colourable exercise of power.” The SCBA further elucidated that “considering the relationship of mutual respect enjoyed between the two important institutions in the administration of justice, we deem it fit and proper to return the resolution without admitting and dealing with its contents.”
The SCBA had suspended its Secretary, Ashok Arora with immediate effect from May 8th, 2020 after the Executive Committee took this decision in a meeting convened earlier this week. The development came after Arora had circulated a message amongst SCBA members, in an attempt to convene an Emergent General Meeting (EGM) on May 11th. The main agenda was the removal of SCBA President, Dushyant Dave from his post for passing a resolution dated February 25th condemning public remarks made by Justice Arun Mishra in praise of PM Narendra Modi.
Arora had alleged that Dave was using the office of the SCBA for political purposes and therefore had called for his removal from the primary membership of the Bar Association as well.