Scoop: BCI intervenes in Punjab & Haryana Bar Council members’ “Tussle”

The Bar Council of Punjab & Haryana (BCPH) is witnessing a rare and disconcerting spate of events; and the Bar Council of India (BCI) has intervened in the dispute, which has its basis in certain serious allegations against the Chairman and Secretary of the BCPH..Manhandling of BCPH Vice Chairman?.Allegations have been levelled against BCHP Chairman Rajat Gautam and Secretary Parvesh Yadav. They have been accused of trying to manhandle Vice Chairman PS Ghumman and former Chairman of BCPH, Lekh Raj Sharma..In a letter dated September 10, which has been signed by 14 members of the BCPH, a request has been made to the Chairman himself to call an extra-ordinary meeting to discuss the aforesaid issue..This letter sets out the allegation against the Chairman and Secretary and states as follows:.“(i) to discuss the action and misbehaviour of Mr. Rajat Gautam, Chairman of BCPH and Mr. Pravesh Yadav, outgoing Hony. Secretary who have misbehaved with Sh. PS Ghumman, Vice President and tried to manhandle him and tried to snatch the keys of staff car from him and thereafter, took away the said car. .(ii) To discuss the action and misbehaviour of Mr. Rajat gautam and Mr. Parvesh Yadav towards Sh. Lekh Raj Sharma, former Chairman, who when came to know about the above mentioned incident then Mr. Rajat Gautam and Mr. Parvesh Yadav started seriously misbehaving and also physically manhandled him and told the goons brought by them to throw away Mr. Lekh Raj Sharma out of the office and continued abusing and used derogatory language against him.”.When this letter was circulated, both Rajat Gautam and Parvesh Yadav chose to move the BCI. They petitioned the BCI bringing the letter of September 10 on record..September 12 order of BCI.The BCI had already passed an order on September 9 restraining the members of the BCPH from holding any meeting or from going in for a vote of no confidence to dislodge any office bearers..Relying on the said order, the BCI has now passed another order on September 12. This order comes down heavily on the BCPH members for trying to “create grounds for removing Chairman and Secretary from their posts”..The order states that,.“it is shocking to note that even after receiving the order passed by this council, the respondent members are acting in such a manner which is not expected from any member of the State Bar Council or from any law abiding citizen.”.The BCI has held that the BCPH Chairman and Secretary are still holding their respective offices in the eyes of law and they can be removed only in accordance with the rules of the BCI. Interestingly, it has held that if there is any complaint against any office bearer of the State Bar Council, it should be moved before the Chairman or the Secretary..“The rules of BCI provide for a proper enquiry in case of misconduct or misbehaviour of any office bearer and the rules are very exhaustive. Therefore, if any member has any grievance against any office-bearer of the State Bar Council, he can move the petition before petitioner no. 1 or petitioner no. 2 who will act as per the BCI Rules. If need be, the enquiry will be held and the committee shall be constituted for this purpose by the Bar Council of India.”.The BCI has also expressed its opinion about the action of the BCPH members terming it as attempt to capture the office of State Bar Council by hook or crook..“I take very serious note of the action of these respondent-members, who it appears, are bent upon to capture the office of State Bar Council by hook or crook.”.The BCI has made it clear in its order that if any member of BCPH makes any attempt to do so, his conduct will be treated as professional misconduct and the Council would be free to disqualify such members from contesting any election of the Bar Association or Bar Council in future..BCPH Chairman Speaks.Bar & Bench spoke to BCPH Chairman Rajat Gautam who emphasised that everything is happening in accordance with law and “there is not an iota of illegality”. He also strongly denied allegations raised against him of trying to manhandle the Vice Chairman..Regarding the attempt by the BCPH members to call an extra-ordinary meeting, Gautam had this to say:.“There is groupism in every Bar. We have approached the BCI, which has restrained them. Everything is happening in accordance with law.”.Regarding the allegation of trying to manhandle the Vice Chairman, Gautam said:.“All the allegations are completely baseless. There is not an iota of illegality happening under my Chairmanship.”.Read the letter signed by BCPH members and the BCI order of September 12 below..Image taken from here.