The Supreme Court docket bench of Justice Abhay Oka and Justice Augustine George Masih on Friday issued discover to the Bar Council of India (BCI), asking its view on a dispute between warring bar associations over recognition because the official bar physique of Rouse Avenue District Court docket Complicated, which was inaugurated in Delhi on April 8, 2019.
The dispute reached the Delhi Excessive Court docket this April when the Rouse Avenue Bar Affiliation approached it looking for recognition after the Bar Council of Delhi (BCD) had declined its request on April 3, 2024. This affiliation was registered on February 22, 2019, over a month earlier than the Court docket advanced was even inaugurated.
On April 8, 2024, the excessive court docket recognised the Central Delhi Court docket Bar Affiliation (the opposite affiliation concerned within the authorized dispute), registered in March 2021, because the official Bar Affiliation and directed a contemporary membership drive for it. After the excessive court docket dominated in favour of the Central Delhi Court docket Bar Affiliation, Rouse Avenue District Court docket Bar Affiliation filed an enchantment in opposition to the choice within the Supreme Court docket.
The excessive court docket had noticed “obvious infractions” in three Bar Associations: Rouse Avenue Bar Affiliation, Delhi Rouse Avenue Court docket Bar Affiliation and Rouse Avenue District Court docket Bar Affiliation. Pulling up these bar associations, the court docket had mentioned the vast majority of their membership varieties have been clean and contained solely the names and addresses of the candidates. Some varieties, it mentioned, weren’t even signed by the advocates.
“The steadiness naturally tilts in favour of the Bar Affiliation constituted by the Bar Council of Delhi i.e. the Central Delhi Court docket Bar Affiliation,” the excessive court docket had dominated.
Dissatisfied by this judgement, the Rouse Avenue District Court docket Bar Affiliation moved the Supreme Court docket, submitting that the BCD, which was the regulator, had itself floated the opposite bar affiliation. The affiliation argued that the Bar Council shouldn’t intervene within the formation of bar associations.
However, the BCD, which was represented within the apex court docket by senior advocates Meenakshi Arora and Vijay Bishnoi, cited the Delhi Excessive Court docket’s judgement, stating that the opposite affiliation was fashioned earlier than the court docket advanced even got here into existence. Whereas issuing discover to the BCI, the Supreme Court docket didn’t grant a keep on the excessive court docket order because the Rouse Avenue District Court docket Bar Affiliation sought.
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