High Court Seeks Details Of All Pending Complaints In Bar Council Of Delhi Against Advocates, Says Harassment Of Lawyers Can't Be Countenanced

The Delhi High Court has observed that lawyers "being put to harassment and frustration" due to repeated complaints to Bar Council cannot be countenanced, unless some serious case of misconduct is made out. 

Justice Prathiba M Singh directed the Bar Council of Delhi to place on record the details of all pending complaints against the advocates. The information sought includes the dates of filing of the complaints and first notices.

“If there are any second complaints which have been filed and entertained, the same shall be reflected in the chart separately,” the court said, while seeking a detailed chart from BCD within six weeks.

The court was hearing a petition filed by four lawyers challenging the notices issued by BCD dated February 13 directing them to remain present in person on February 24 at the bar council’s office.

The notices were sent after BCD took cognizance of a complaint filed on January 13.

It was submitted on behalf of the petitioners that the January 13 complaint contained the same allegations which were made in an earlier complaint. It was argued that a second complaint on identical allegations could not have been entertained by the bar council.

Perusing the material on record, the court said that the complaints were identical in nature and that while the first complaint was dismissed by BCD, the second complaint was entertained.

The court said the dispute “appears to be a family dispute in which lawyers representing one side had been embroiled and roped in".

“In this background of a family dispute, lawyers being put to harassment and frustration due to repeated Bar council complaints cannot be countenanced unless some serious case of misconduct is made out. The present petition deserves consideration of this Court,” it said.

The court also observed that on a regular basis, several petitions are filed relating to complaints against advocates "where BCD is delaying the examination of the same".

"The same kind of alacrity which is shown in the present case does not usually appear to be shown, of which judicial notice can be taken by this Court. The first complaint was disposed of in November, 2022. Immediately, thereafter a second complaint is filed on 13th January, 2023. and notice is issued on 13th February, 2023," it added.

While listing the matter on April 20, the court ordered that proceedings in the complaint against the petitioners shall remain stayed till further orders.

Title: MALVIKA CHOUDHARY & ORS. v. BAR COUNCIL OF DELHI & ANR.

Citation: 2023 LiveLaw (Del) 173

Click Here To Read Order