Over 400 NALSAR Alumni 'Condemn' Now Withdrawn Action By BCI Against Students
The BCI has no role in regulating free speech in University campuses, the letter states.
441 alumni of National Academy of Legal Studies and Research (NALSAR) have written an open letter to Bar Council of India Chairperson Manan Kumar Mishra against the directions issued issued by BCI (which were later withdrawn) to stop the enrolment of the students of NALSAR University over a protest campaign against the Chief Justice of India.
The letter states that though the "bar on enrolment and the demand for an inquiry" and report were withdrawn shortly "due to public pressure", the alumni were writing the letter to "condemn the manner in which you (Mishra) have approached the question of students, faculty, and the autonomy of universities in India".
"The letters reflect a lack of empathy for students and their mental health, disregard for the fundamental right to free speech, and a tendency to deal with matters of young students and educated faculty in an arbitrary and high-handed manner. It is apparent that the BCI had no jurisdiction to issue these letters. What is more disturbing is that the language of the first letter reflects a predisposition to dominate students and faculty with coercive threats that restrict speech on university campuses, putting tremendous pressure on the mental health of students," the Alumni have said.
The letter states that BCI has no role in regulating matters of "free speech on university campuses" and its role in legal education is limited to promoting legal education and to laying down standards of such education.
Further, the alumni have said, that BCI is not given any powers to institute disciplinary inquiries against students and faculty, or to impose penalties on them, that too without notice or hearing.
"The language of the first letter is not just distasteful. Rather, it vilifies students and faculty by alleging that they indulge in 'groupism', 'dirty politics', 'nasty politics' and 'instigating and misguiding students.' Such loose statements are unbecoming of a statutory body entrusted with obligations towards the legal profession and legal education. The letter calls for identifying and reporting persons 'who were principally instrumental in initiating the campaign or representation, drafting it, circulating it through media, organising meetings connected with it, coordinating or mobilising participation, communicating with the press or media on behalf of the group, administering any official or organised electronic or social-media group used for coordination'. All these actions are protected under free speech," the letter emphasizes.
The letter states that BCI letters signal as if the students and faculty were "hatching a criminal conspiracy" adding that voicing dissent is not a criminal offense in India.
The alumni have said that universities are autonomous bodies and university life is that precious moment in an individual's journey where they experiment with ideas wherein free speech is a "fundamental part of that journey".
Referring to India's struggle for independence where lawyers across the ideological spectrum came together to oppose colonial domination by exercising their right to speak freely, the Alumni have stressed that law students in India are "inheritors of that legacy".
The alumni have urged if the BCI has an opinion on the matter then it should approach it with the spirit of dialogue and discussion, "not coercion and domination".
The Alumni hopes that BCI's future actions will restore the faith of students, faculty, and citizens in the regulator.
Earlier today the Supreme Court expressed strong disapproval of these directions. Chief Justice of India Surya Kant said students have a right to peacefully protest and questioned the BCI's role in the matter.
Last evening, BCI Chairperson directed all State Bar Councils not to enrol students who graduated from the NALSAR University of Law, Hyderabad, in 2026 as advocates until further orders, while seeking a factual report from the university on those involved in a campaign opposing the participation of Chief Justice of India Surya Kant in its convocation.
A few hours later the direction barring enrolment was withdrawn. Today the BCI dropped the proposed inquiry against the students as well.