High Court issues notice to Bar Councils

A protracted legal battle is on the cards over the decision of the Bar Council of India (BCI) to transfer the disciplinary hearing against eight advocates for protesting against the CISF from Tamil Nadu to Karnataka.

A plea by four of the eight advocates seeking to set aside the transfer of the case to Karnataka has led to a Madras High Court division bench comprising Justice Sathish K Agnihotri and P Devadoss issuing notices to both the BCI and Bar Council of Tamil Nadu returnable by January 19.

The four advocates – Sathyapal, Rajarajan, Prasad and George William – contended that the Advocates Act 1961 does not confer the power of disciplinary action against an advocate to any external body or an individual but to an internal collegium called the bar council. Pointing out that contrary to this, the president of both the Bar Council of TN and Bar Council of India had usurped the role of the bar council and have prevented both the statutory bodies from discharging their public duty.