BREAKING| CJI Surya Kant Disapproves BCI Action Against NALSAR Students, Says They Have Right To Protest

The Supreme Court on Friday expressed strong disapproval of the directions issued by the Bar Council of India Chairperson Manan Kumar Mishra (which were later withdrawn by him) to stop the enrollment of the students of the NALSAR University over a protest campaign against the Chief Justice of India.

Chief Justice of India Surya Kant said students have a right to peacefully protest and questioned the BCI's role in the matter.

"BCI is unnecessarily taking action. If the students have a cause to protest, they have the right to protest. Students might have written a letter to me. It's a dialogue between students and me. Who are they (BCI) to unnecessarily raise an issue? This is totally uncalled for. BCI has nothing to do with this," CJI said.

"I myself, during student days, was involved in student activities. Peacefully they are raising voice, they should be allowed. Even if they are wrong, assuming, they have the right to protest. Who can stop them? So long as they are lawfully and peacefully raising a voice, they must be heard. Why Bar Council or any other body should interfere?" CJI observed.

"Even if during the young days someone makes a statement which is wrong, let that be wrong, but why should there be an action," CJI said.

CJI Surya Kant made these observations when Senior Advocate K Parameshwar orally mentioned a writ petition filed against the BCI Chairman's directions. Although the BCI Chairman later withdrew the directions, the cause of action still survives, Parameshwar submitted. He added that the event raised questions about the manner of the BCI Chairman's functioning. There was no mention of any Council meeting authorising the BCI Chairman's actions and a BCI member from Kerala has already come on record opposing the move, he pointed out. "The functioning of the Bar Council itself is a serious issue," Parameshwari submitted.

Advocate Radhika Gautam, the Counsel appearing for the BCI, informed the Court that the impugned decision had been withdrawn.

Justice Joymalya Bagchi, who was also part of the Bench, questioned the circumstances surrounding the BCI's decision. “Was BCI convened to take a resolution like that? We want to know,” Justice Bagchi asked.

Accepting the oral mention of Parameshwar, the bench took the petition on board. The bench passed an interim order to the effect that no punitive action shall be taken against the students or faculty of NALSAR at the instance of the BCI or any Bar Council over the incidents mentioned in the BCI Chairman's letters (campaign against the CJI's participation in the convocation).

After dictating the order, the CJI said that he was welcoming the NALSAR students to join the Supreme Court bar.

"You tell the students, get the license at the earliest. Join the Supreme Court bar. We will empanel them for legal aid cases, and let them do legal aid. This will be the befitting answer to all those who caused impediment in their career," CJI said