- I had filed a complaint against an advocate u/s35 of Advocates Act in Delhi Bar Council, received by them on 08 Dec’16. They registered my complaint, gave me a complint number and informed me that complaint would be taken up in due course of time and inform me as and when it is taken up.
- As nothing happened on my complaint for 01 year, I requested the Bar Council of India to take up my complaint case u/s36(2). BCI replied to me stating my case is not covered u/s36(2) as action can be taken only if complaint is pending before a Disciplinary Committee of the State Bar Council. They further said my complaint had not yet been taken up by State Bar Council u/s35 for consideration as to whether prima facie, a case of professional misconduct is made out against the advocate or not.
- I was going through the Act which said that the State Bar Council had to conclude the proceedings within 01 yr of receipt. State Bar Council had to conclude my proceedings within 1 yr but nothing has happened in last 01 yr and 08 months now.
- Is 1 yr period counted from the date the complaint is referred by State Bar Council to its Disciplinary Committee? Is it necessary that complaint has to pending before Disciplinary Committee only then BCI can take it up and not otherwise? If yes, how can I ensure that complaint is referred to Disc. Committee without any more delay? OR
- Is 1 yr counted from the date the complaint is received by the State Bar Council? Please note I have no control over when complaint is referred to Disciplinary Committee and by giving this excuse they can sit on my complaint for many many years.
- This advocate is a very influential person in Delhi and maybe the State Council is not acting on my complaint for this reason, though I have no proof of this and am only assuming. As State Bar Council is doing nothing with my complaint and BCI has refused to take up my complaint u/s36(2), what solution do I have? Should I approach Delhi High Court/Supreme Court to direct BCI to take up my complaint and conclude it? What is the most effective remedy here? Experts, please advise.
