jurisdiction of Bar Council
Ratheesh Padmanabha
(Querist) 26 August 2008
This query is : Resolved
Recently, Delhi HC has debarred two Senior Advocates for appearing before it and its subordinate Courts for four months on the ground that they were acting against the administration of justice not becuase of misconduct.
Whether such action of the Judiciary is tantamount of intrusion to the jurisdiction of the State Bar Council/Bar Council of India.
Manish Singh
(Expert) 26 August 2008
definitely it is a case of overstepping of jurisdiction by the judiciary since in contempt proceedings they can only implement fine or imprisonment upto six months.
barring an advocate for practising fir any period of time comes solely under the jurisdiction of bar council and not the judiciary.
lets see waht the SC has to say about this .
Rajesh Kumar
(Expert) 06 September 2008
No, the action is legal and well supported by law.
There are two issues- firstly right to become an advocate & practice as advocate-this part is administered by bar council.
Secondly, right to appear before court- this part can be regulated by court under Section 32 of the Advocates Act. The Supreme Court is well within its right to take action under that provision.
The action may be criticised on factual ground, but jurisdiction part cannot be challenged.
In fact i was thinking whether advocates has any right at all under the law. They do not have a right, as a matter of right, to appear before a court. They have specifically been barred from various courts- family court, CIC etc. Any person can appear before a court with the leave of a court- and there is no reason why a court will not grant leave to somebody, the litigant want to be represented by.
Advocates must secure a right to practice and appearance before a court- despite unwillingness of the court. There must be a legal obligation on the part of a court to hear advocates. In short, Section 30 of the Advocates Act must be operationalised.
Till that time advocates has no right to appear before a court, and supreme court is within its power to bar any advocate, rightly or wrongly.
