The Supreme Court on Friday issued notice to the Bar Council of India (BCI) in the ongoing dispute over the official Rouse Avenue Court bar body, where the Central Delhi Court Bar Association has been recognised as the main association [Rouse Avenue District Court Bar Association v. The Bar Council of Delhi and Another].
A Bench of Justices Abhay S Oka and Augustine George Masih asked the BCI how the Bar Council of Delhi (BCD) can enter into the aspect of deciding which is the main bar association body.
"We are going to issue notice to Bar Council of India to understand how can Bar Council (of Delhi) interfere on the aspect of which is the bar association? There is no urgency when two bar associations are fighting each other and banging their heads. We are on larger issue that whether State Bar Council can interfere on this aspect," Justice Oka orally said.
While posting the matter to November 18, the Court told Senior Advocate Meenakshi Arora, appearing for the BCD,
"We have not passed orders against you. When two bar associations are fighting, we are inclined to appoint senior members of the bar to act as administrator there."
However, no order was passed to this effect.
The Court was hearing an appeal against a Delhi High Court decision that recognised the Central Delhi Court Bar Association as the main bar body for the Rouse Avenue District Court.
On April 8, the High Court had rejected the claims of the Rouse Avenue Bar Association, the Delhi Rouse Avenue Court Bar Association and the Rouse Avenue District Court Bar Association to be declared as the recognised bar association for the Rouse Avenue Court.
The High Court had opined that the balance was in favour of the Central Delhi Court Bar Association since it was constituted by the Bar Council of Delhi.
In its decision, the High Court had said that merely because an association has been validly formed does not imply its recognition as a court-annexed association or as a recognised association under the Advocates Welfare Fund Act.
[Live Courtroom Exchange]