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The Supreme Court on Thursday declined to entertain a plea seeking a Central Bureau of Investigation (CBI) probe into the alleged assault of lawyers who were protesting outside the premises of the Bar Council of India (BCI) on August 21 seeking the resignation of BCI Chairman Manan Kumar Mishra.

The Court granted liberty to the petitioners to appraoch the High Court.

The matter was orally mentioned by Advocate Prashant Bhushan before Chief Justice of India Surya Kant for urgent listing. 

Bhushan submitted that a group of lawyers had been protesting at the BCI after submitting a representation concerning reforms. He alleged that the protesting lawyers were subsequently assaulted by persons claiming to be lawyers and that the incident had been captured on CCTVs at the BCI premises.

Bhushan then alleged that the BCI Chairman, following the incident, had given a press statement proudly proclaiming that the "legal cockroaches" who had protested against him were beaten up.

Bhushan argued that the circumstances warranted an independent investigation, particularly because the CCTV footage could be lost or destroyed. He also submitted that lawyers should not be prevented from protesting or raising grievances.

Justice Joymalya Bagchi, however expressed disapproval of the lawyers' protest, saying that advocates are supposed to be a disciplined group and should avail the institutional mechanisms for raising grievances instead of resorting to public protests. He also emphasized that lawyers, as officers of the court, are expected to follow the standards laid down by the Supreme Court concerning the administration of justice.

The Chief Justice observed that the Supreme Court had already entertained several issues raised by lawyers concerning the BCI.

Bhushan agreed that lawyers have institutional remedies, but added that they cannot be attacked for protesting.  “If some lawyers are protesting, they can't be beaten up,” Bhushan told the Bench. Justice Bagchi agreed, but asked why cannot the petitioners approach the High Court.

Bhushan replied that he had also initially advised the petitioners to approach the High Court, but then thought it fit to approach the Supreme Court since it was already hearing petitions related to BCI reforms. 

"Please consider the circumstances under which they were protesting. If you feel we should go to HC, we will," Bhushan said.

"Let them go to HC. Otherwise, sometimes people feel we are having institutional bias," the CJI said.

The Bench ultimately permitted the petitioners to withdraw the matter and approach the High Court. The Court directed the Registry to return the paperbook to enable the petitioners to pursue appropriate proceedings before the High Court.

 

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