Maharashtra Bar Council Initiates Disciplinary Proceedings Against Lawyer For Filing "Frivolous" PIL Against A Sitting Judge

The Bar Council of Maharashtra and Goa has initiated disciplinary proceedings against an advocate for filing a PIL against Bombay High Court Judge – Justice Revati Mohite Dere – and allegedly maligning and tarnishing hers as well as the Judiciary’s image.

The Bar Council has constituted a 3-member disciplinary committee against Advocate Mursalin Shaikh “for making the frivolous allegations (against J Dere) viral in social media which amounts to cheap publicity and sensationalizing and scandalizing the image of Judiciary.”

The lawyer had earlier sought orders against appointment of Justice DY Chandrachud as the Chief Justice of the Supreme Court, which was dismissed.

“It has been…resolved to initiate Suo Motu Disciplinary Committee Enquiry against Petitioner Advocate for having filed such frivolous and cantankerous PIL in spite of being an Advocate and having knowledge of The Judges (Protection) Act, 1985 and also the Rules, Regulations and policy of filing PIL and also for making the frivolous allegations viral in social media which amounts to cheap publicity and sensationalizing and scandalizing the image of Judiciary. The 3 Members DC Enquiry Committee is constituted for making enquiry as per section 35 of the Advocates Act 1961.”

In the PIL before the Bombay High Court filed through Advocate Vijay Kurle on March 9, 2023, Shaikh has sought the judge’s criminal prosecution regarding adjudication of a few cases.

Justice Dere is the daughter of Senior Advocate Vijayrao Mohite. She donned several hats before she was elevated as a judge of the Bombay High Court in 2013.

In a virtual meeting on March 27, 2023 the Bar Council unanimously resolved to “strongly condemn the filing of frivolous PIL bearing No.(C) 6900/2023 thereby making baseless and cantankerous allegations against Justice Smt. Revati Mohite Dere, Judge, Bombay High Court.”

“It is further resolved that the Bar Council of Maharashtra and Goa is of the unanimous opinion that these allegations amount to sensationalizing and scandalizing the image of Judiciary as well as maligning and tarnishing the image of Judiciary as well as of Justice Smt. Revati Mohite Dere. It is further resolved that the Bar Council of Maharashtra and Goa also strongly condemns the recent trend of certain elements of making such allegations viral on social media and trying to get cheap and adverse publicity,” the Bar Council’s press release issued by the Secretary states.

Update

On April 5, the Council passed another resolution.

In a meeting convened on April 15, 2023, the BCMG deleted portions of its earlier resolution for disciplinary proceedings against one Mursalin Shaikh under Section 35 of the AA but condemned his actions nonetheless.

“The Minutes of General Body Meeting dated 27.03.2023 were read and confirmed subject to correction of BC Resolution No.42/2023. Only resolution of condemn stands confirmed and rest portion of resolution is deleted,” read an extract copy of BCMG’s general body meeting convened at Goa.

Click Here To Read/Download Press Release(dated March 29)

The later resolution passed on April 15 :