Lawyers' Reactions To Supreme Court Bar Association Imbroglio

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

The tense equations within the SCBA came to the fore when Arora 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, who had refused to sign that Resolution, alleged that Dave is using the office of SCBA for political purposes and called for his removal from the primary membership of the Bar.

Dave hit back with a message of his own, to the members of the SCBA, terming Arora's move to call the EGM "illegal and improper".

Pursuant to the Executive Committee's meeting on May 8, the EGM scheduled for May 11 stands cancelled.

Given how the apparent discord within the SCBA is playing out in public, especially during testing times for the Bar, LiveLaw reached out to some senior members of the Bar to gauge their take on the situation.

Senior Advocate and former President of the SCBA, Vikas Singh alluded to the attempt at calling such a meeting unfortunate, and condemned efforts to block the functioning of SCBA as 'reprehensible'.

"It is very unfortunate that in a one year term there are efforts to block the functioning of the elected office bearers of SCBA either by calling an EGM or by passing a resolution. People who are elected by the General Body at the AGM deserve to function for the full term of one year and seeking to curtail the term in either manner is highly reprehensible." -Vikas Singh

Senior advocate, Colin Gonsalves also expressed his disappointment with the 'politicking' engaged in by Mr. Arora.

"It is sad to see Mr. Arora doing the politicking that he is now doing. He is a respected man and should not be doing politics like this. Mr. Dave has won the election fair and square. He should be allowed to complete his term." -Colin Gonsalves

Senior advocate, Sanjay Hegde, on the other hand urged both Arora and Dave to set aside their differences for the time being and come together for the benefit of all members of the Bar during this crisis presented by the COVID-19 pandemic.

"Mr Dave and Mr Arora have been friends of mine at the bar. They have not been on the same page for quite some time. The current situation was sparked off most untimely, in the midst of a pandemic. The crisis has economically devastated most members of the bar and has crippled the justice delivery system. This is not a time to let personalities trump issues. There cannot be an independent judiciary, without a fiercely independent bar. I request Mr Dave and Mr Arora to set aside personal differences for the rest of 2020 the year of the pandemic. A negotiated return to the status quo ante, may yet prevent the rest of the year being consumed with unnecessary acrimony." -Sanjay Hegde

Senior member of the Bar and a renowned voice across Indian courts, Ms. Indira Jaising also echoed these sentiments and urged the two individuals to 'live with each other' during COVID-19 times. As someone who voted for the Executive Committee, she expressed her desire to see it last its full term and hoped for the SCBA to remain united and serve the people of India

"In the time of COVID 19 we need to bond together not separately. True every democratic institution which SCBA is, there will be differences, but democracy has its own "pressure cooker" way of dealing with dissent. We have to learn to live with each other and serve a larger cause. Disagree, differ but don't disintegrate. We need our association to remain united and serve the people of India. Burry your differences, at least for now, make peace, there will be a time and place to deal with these issues. As a member who voted for the executive committee I want to see it function in letter and spirit for its full term." -Indira Jaising

Given the concerns expressed by senior members of the Bar, we at LiveLaw also asked some junior members about the impact of these recent developments on their outlook towards this prestigious Association, at a time when a number of them are facing difficulties in making ends meet.

One such junior member, who did not wish to be named, averred to their expectation from the Bar, to come together in support of young members during these turbulent times, as 'a distant dream' in light of recent events.

"As senior members of the Bar who have been democratically elected to represent the interest of the Bar of the highest court of the country, this recent controversy is highly unbecoming. At this time, I was expecting the members of the Bar to come together and help young professionals like me who are trying to make meets end. But this seems to be a distant dream now", they said.

Expressing her hopes from the representatives of SCBA, another female member, who also chose to keep her identity anonymous, was hopeful that members would put their differences behind them and come together in a manner becoming of them and expected from them. Summing up, she said:

"A divided house has never helped anyone. I hope the members stay united and save us from these coups which have no place in the temple of justice."