Hours before the Delhi Bar Association strike, BCI releases official statement

Source:- barandbench.com

In the latest development surrounding the spat between the Bar Council of India and the Delhi Bar Association, the BCI has today issued a press release clarifying their stand.

The controversy relates to the recent amendments proposed to the Advocates Act banning lawyers from going on strike and impose a fine on advocates for any misconduct.

Earlier this week, the Delhi Bar Association had announced that the lawyers will go on strike on March 23 to protest against the proposed amendments stating that BCI had no authority to recommend any changes to the Advocates Act.

President NC Gupta stated that this was a “complete surrender by the BCI before the judges by recommending suspension of those who participate in strikes”.

The Bar Council in its official statement clarified that the BCI is “there to protect the interest and rights of the Advocates.” It stated,

“The Hon’ble Supreme Court has been stressing upon the Bar Council of India and the State Bar Councils to take steps for curbing the uncalled for and unjustified strikes. Some people have no interest in the profession and they are always indulging in unruly activities which results in maligning the image of Bar and which also badly affects the poor litigants.”

Last year, the Supreme Court in its judgment, had expressed an “urgent need” to review the provisions of the Advocates Act dealing with the regulatory mechanism for the legal profession and other incidental issues.

In the release, the BCI further clarified that the Council has also recommended for the introduction of provisions for insurance, stipend, pension for lawyers and their families etc.

The Council stated,

“Bar Council can never think to weaken the legal fraternity, rather it is there to ensure that nobody could dare to attack their democratic rights. Bar Council of India fully appreciates the genuine stand of the Coordination Committee of Delhi Lawyers. We respect their sentiments and shall sit together to remove the misunderstandings.”

The statement from the authority comes on the eve of the strike, which seems to have lost supporters after a meeting between the protestors and the BCI yesterday.

Furthering this, the Council stated in its press release,

“The Council shall sit with the representatives of Coordination Committee and shall try to discuss and clarify the situation. Genuine and justified protests can never be banned or stopped but the sensible advocates have also to realize that frequent, uncalled for calls of boycotts, abstinence or strikes are badly damaging the profession. The representatives of the Bar are themselves required to take some steps to stop such things.”

Unmoved by the statements made by the BCI, the Delhi Bar Association is still set to go on strike tomorrow at 12.00 pm outside the Bar Council of India office at Rouse Avenue.

Read the full statement below.

Press Release

A totally baseless rumor is being spread by some people against Lawyers. The Bar Council of India is there to protect the interest and rights of Advocates. The Hon’ble Supreme Court has been stressing upon the Bar Council of India and the State Bar Councils to take steps for curbing the uncalled for and unjustified strikes. Some people have no interest in the profession and they are always indulging in unruly activities which results in maligning the image of Bar and which also badly affects the poor litigants.

Bar Council has to ensure the welfare of this profession. The Council has recommended to the Government to introduce the provisions for insurance, stipend, pension for lawyers and their families.

Bar Council can never think to weaken the legal fraternity, rather it is there to ensure that nobody could dare to attack their democratic rights. Bar Council of India fully appreciates the genuine stand of the Coordination Committee of Delhi Lawyers. We respect their sentiments and shall sit together to remove the misunderstandings.

The Council shall sit with the representatives of Coordination Committee and shall try to discuss and clarify the situation. Genuine and justified protests can never be banned or stopped but the sensible advocates have also to realize that frequent, uncalled for calls of boycotts, abstinence or strikes are badly damaging the profession. The representatives of the Bar are themselves required to take some steps to stop such things.

Only a strong Bar can ensure a fair judiciary and a strong democracy. Bar is to be strengthened by its Statutory bodies.  The Council has requested the lawyers of Delhi not to indulge in group politics. Bar Council requests the representatives of Coordination Committee to sit together with the Council and suggest their views. The Council shall certainly respect their views and add it in its recommendations to Law Commission or Govt.

Bar Council has decided to welcome the representatives ofcommittee and also to put them as Special Invitees to the Special Committee of Delhi Bar Council so that they can expedite the verification process and elections of Delhi Bar Council could be held at the earliest.