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Updated June 27th, 2021 at 13:29 IST

Bar Council of India amends its rules; members criticising it may face disqualification

BCI has amended its rules on Friday, prohibiting its members from making statements that are derogatory, derogatory or malicious against any judge, court or BCI

Bar Council of India
IMAGE: ANI/PTI | Image:self
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In a significant move, the Bar Council of India (BCI) has amended its rules on Friday, prohibiting its members from making statements that are derogatory, derogatory or malicious against any judge, court, state bar council, or BCI itself. Any such violation will be grounds for suspension or cancellation of licence to practice law, read the BCI's order. The Council has also stated that criticising or attacking a state bar council or BCI on the public domain will amount to misconduct which could lead to suspension.

BCI amends rules; members criticising it may be suspended

As per the amended rules, "An advocate shall not make any statement in the Print, Electronic or Social Media, which is indecent or derogatory, defamatory or motivated, malicious or mischievous against any Court or Judge or any member of Judiciary, or against State Bar Council or Bar Council of India." Any violation shall amount to misconduct and may face suspension from practice or disqualification. 

Furthermore, it read, "No Member of any State Bar Council or of Bar Council of India shall be permitted to publish anything or make any statement against any Resolution or Order of State Bar Council or Bar Council of India, criticize or attack any Council". Any violation shall result in suspension or removal of membership of such member for the Bar Council.

BCI addresses criticism against CJI

These amendments comes three months after the Bar Council of India passed a resolution, attacking nefarious designs to destabilise the independence of the judiciary. Maintaining that freedom of speech cannot be stretched to the extent of maligning the institution, it weighed in on the recent commentary pertaining to CJI SA Bobde's observations in the court while hearing rape cases. Stressing that comments made by judges not resulting in orders have no legal sanctity, it reckoned that there was no need to raise such a hue and cry. Moreover, the BCI appealed to people to not take political mileage from court proceedings of the Supreme Court.

 During the SC proceedings of a rape case of a 23-year-old government servant Mohit Subhash Chavan, the CJI had asked Chavan's lawyer Anand Langde whether his client was ready to marry the rape victim. Seeking to address the misconceived notions regarding this, the BCI pointed out that the apex court had simply upheld the order of the Bombay HC and asked the accused to go for bail. Additionally, it explained that CJI SA Bobde had asked the query regarding marriage based on the alleged written agreement between the parents of both parties. 

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Published June 27th, 2021 at 13:29 IST

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