The Bar Council of India has resolved that it is necessary to examine the tweets and statements made Advocate Shri Prashant Bhushan, that led to his conviction under the criminal contempt proceedings instituted suo moto by the Supreme Court.
In a meeting of the General Council of the BCI on September 3, it has been decided that Mr. Bhushan's statements need to be examined in light of Section 24A (Disqualification for enrolment) and Section 35 (Punishment of advocates for misconduct) of the Advocates Act, 1961 and Chapter-II, Part-VI (Standards of Professional Conduct and Etiquette) of Bar Council of India Rules.
"The Council is of the view that the tweets and statements made by Shri Prashant Bhushan, Advocate and the Judgment of the Hon'ble Supreme Court of India needs thorough study and examination by the Bar Council in the light of the statutory duties, powers and functions conferred on it under the Advocates' Act, 1961 and the rules framed thereunder, particularly, Section-24A and Section-35 of the Advocates Act, 1961 and Chapter-II, Part-VI of Bar Council of India Rules," a press note issued to this effect states.
The Council has therefore directed the Bar Council of Delhi, where Mr. Bhushan is enrolled as an Advocate, to examine the matter and proceed as per law and rules. It has been directed that a decision thereon be take, as expeditiously as possible.
On August 14, a 3-judge bench of the Supreme Court had held Bhushan guilty of contempt of court for his tweets against the SC and the Chief Justices of India. He was heard on sentence on August 20, whereby he was granted time to reflect upon his statements and tender an unconditional apology. However, after Mr. Bhushan stood firm on his statements, the Supreme Court sentenced him to pay a fine of Rupee One, vide order dated August 31. It was clarified that on failure to pay the said amount, he shall have to undergo imprisonment for three months and will be debarred from practice in SC for three years.
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