The Bar Council of India (BCI) has directed the Bar Council of Delhi (BCD) where noted advocate Prashant Bhushan is enrolled to examine whether his conviction for contempt of court invites disciplinary proceedings against him under the Advocates Act, 1961.
The BCI, in a press statement, also has stated that it has asked BCD to proceed as per the law as expeditiously as possible.
The Bar Council of India (BCI) directs the Bar Council of Delhi where #PrashantBhushan is enrolled, to examine the judgment holding him guilty of contempt of court and to proceed as per law. pic.twitter.com/vQgfUoBPHM
— The Leaflet (@TheLeaflet_in) September 4, 2020
The decision to this effect was taken by the General Council of the Bar Council of India in its meeting held on September 3.
The BCI says that it is the view that the tweets and statements made by Prashant Bhushan and the judgment of the Supreme Court need a thorough examination by the Bar Council in light of the statutory duties, power and function 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 the Bar Council of Rules.
Section 24A of the Advocates Act provides for disqualification from enrolment inter-alia on the ground that the person is convicted of an offence involving moral turpitude.
Section 36 deals with the disciplinary powers of the Bar Council of India over the misconduct of advocates.
The SC on August 14 held advocate Bhushan guilty of contempt of court for his two tweets regarding the institution of the Supreme Court and the office of the Chief Justice of India (CJI).
Also Read: SC imposes Rs 1 fine on Prashant Bhushan; says he paid no heed to requests to apologize
In his first tweet on June 27, Bhushan had said, “When historians in future look back at the last six years to see how democracy has been destroyed in India even without a formal Emergency, they will particularly mark the role of the Supreme Court in this destruction, & more particularly the role of the last 4 CJIs.”
Likewise, the second tweet dated June 29 commented on a viral picture that showed CJI Bobde on a Harley Davidson bike. The tweet in question read: “CJI rides a 50 lakh motorcycle belonging to a BJP leader at Raj Bhavan, Nagpur, without a mask or helmet, at a time when he keeps the SC in Lockdown mode denying citizens their fundamental right to access Justice!”
A three-judge bench led by Justice Mishra held that the tweets were an attempt to shake the very foundation of constitutional democracy and hence must be dealt with an ‘iron hand’.
The bench added that if the attack is not dealt with, with a requisite degree of firmness, then it may affect India’s national honour and it’s prestige in the comity of nations.
The Court on August 31 handed down the punishment to Bhushan by imposing a fine Rs. 1, failing which he would be sentenced to 3 months in jail and be debarred from practicing in the apex court for 3 years.
