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"BCI Has No Power To Control Bar Associations": SCBA Rejects BCI Resolution Staying SCBA Resolution To Remove Ashok Arora

Sanya Talwar
12 May 2020 3:59 PM GMT
BCI Has No Power To Control Bar Associations: SCBA Rejects BCI Resolution Staying SCBA Resolution To Remove Ashok Arora
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The Supreme Court Bar Association has written to the BCI Secretary stating that the BCI has no power or authority to control any Bar Association in the country, including the SCBA.

After the extraordinary move by the Bar Council of India of staying the Supreme Court Bar Association's resolution dated May 8, whereby SCBA suspended its Secretary, Mr. Ashok Arora, the acting Secretary of the SCBA, Mr. Rohit Pandey has written to BCI's Secretary. Vide this letter, the SCBA has sought to return the resolution passed by the BCI.

"Our Executive Committee believes that the BCI is a respectiable body created by the Parliament for the specific purposes enshrined in law and not to do what it has purported to do by the above resolution" - SCBA

In its letter addressed to Mr. Srimanto Sen, the SCBA has highlighted that the resolution "purportedly passed by the BCI is illegal, unauthorised, without jurisdiction and unwarranted" and that "it evades the rights of the SCBA to manage and run its affairs"

While pointing out that the said Resolution of staying a unaninous decision taken by the SCBA, the letter describes the action as "misconception of law" & done in "Colourable exercise of power".

In this backdrop, the SCBA has stated that "considering the relationship of mutual respect enjoyed between the two important insitutions in the administration of justice, we deem it fit and proper to return the resolution without admitting and dealing with its contents"

The Supreme Court Bar Association (SCBA) had suspended its Secretary, Ashok Arora, with immediate effect on May 8 after the Executive Committee (EC) took this decision in a meeting convened earlier today.

This development comes soon after Arora had circulated a message amongst SCBA members, in an attempt to convene an Emergent General Meeting (EGM) on May 11. On the agenda was the removal of SCBA President, Dushyant Dave, from his post for passing a Resolution on February 25 condemning public remarks made by Justice Arun Mishra in praise of PM Narendra Modi.

Arora had alleged that Dave is using the office of SCBA for political purposes and called for his removal from the primary membership of the Bar Association as well.

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