BCI Chairman Manan Kumar Mishra has written a letter appealing to the legal fraternity to get behind the institution..At the outset, Mishra criticizes Senior Advocate Dushyant Dave for his remarks made against Chief Justice of India Dipak Misra last week..Quite significantly, it seems that the BCI, after initially protesting the resignation of Justice Jayant Patel, seems to have changed its stance. The letter states,.“Furthermore it has also been verified now that the decision in the concerned matter relating to which the comment was made, was a decision taken unanimously by the Collegium after due deliberations and it was taken for some good reasons by five Hon’ble Senior Judges of the Apex Court.”.Dave is not the only lawyer to be called out for speaking out against the flaws in the legal system. Mishra states in his letter,.“However, as can be seen nowadays, we find that 2-3 Advocates of Supreme Court are in a habit of uttering anything in court or outside without any logic, rhyme or reason: How far is such conduct justified is an introspection we have to do ourselves? Such conduct is badly harming the Institution and the Legal Fraternity would be the ultimate sufferer….…What I find as a practicing Sr. Advocate of Supreme Court is that a few Lawyers are in a habit of issuing comments against the Hon’ble Judges, just for the sake of it. They have established their “NUISANCE VALUES”, and unfortunately they are getting undue advantage of such conduct because this is what creates news.”.Stating that the BCI has raised its voice whenever the judiciary has gone against the interests of the Bar, Mishra does, however, admit that there are discrepancies in the system of judicial appointments..“We have been telling openly that the proceedings of collegiums must be transparent and unless the Leaders of the Bar are involved in the process of appointment of Judges, there shall always be scope for criticism and the decision can’t be perfect.”.Moreover, the BCI Chairman has mooted a system wherein judges are transferred from their home state within one month of their elevation to the Bench..“Bar Council of India is of the clear opinion that there should be a uniform policy of Transfer of Judges of High Courts. Within one month of their elevation/Appointments, the Judges should be transferred to some other State and no Judge should be allowed to remain a judge in his home State, in the interest of fair-play and justice.”.Mishra also condemns the “unwarranted” criticism that the Certificate and Place of Practice (Verification) Rules, 2015 has drawn from various quarters of the Bar, ahead of the State Bar Council elections..“Even the apex Court has realized the importance of verification of certificates of each and every Advocate of the country and it has turned down the request of those who came for elections without verification.”.The letter ends with an appeal to all sections of the Bar to support the institution and the system..“Therefore, I as your representative, appeal to all the common Lawyers, my elder brothers, senior Advocates, young friends to come forward and support your Institution and the system (for which and due to which we are here). Your silence on such a crucial issue is encouraging the elements and people with vested interests. Your keeping mum is proving harmful for the health of the Institution.”.Read the letter:.Click here to download the Bar & Bench Android App
BCI Chairman Manan Kumar Mishra has written a letter appealing to the legal fraternity to get behind the institution..At the outset, Mishra criticizes Senior Advocate Dushyant Dave for his remarks made against Chief Justice of India Dipak Misra last week..Quite significantly, it seems that the BCI, after initially protesting the resignation of Justice Jayant Patel, seems to have changed its stance. The letter states,.“Furthermore it has also been verified now that the decision in the concerned matter relating to which the comment was made, was a decision taken unanimously by the Collegium after due deliberations and it was taken for some good reasons by five Hon’ble Senior Judges of the Apex Court.”.Dave is not the only lawyer to be called out for speaking out against the flaws in the legal system. Mishra states in his letter,.“However, as can be seen nowadays, we find that 2-3 Advocates of Supreme Court are in a habit of uttering anything in court or outside without any logic, rhyme or reason: How far is such conduct justified is an introspection we have to do ourselves? Such conduct is badly harming the Institution and the Legal Fraternity would be the ultimate sufferer….…What I find as a practicing Sr. Advocate of Supreme Court is that a few Lawyers are in a habit of issuing comments against the Hon’ble Judges, just for the sake of it. They have established their “NUISANCE VALUES”, and unfortunately they are getting undue advantage of such conduct because this is what creates news.”.Stating that the BCI has raised its voice whenever the judiciary has gone against the interests of the Bar, Mishra does, however, admit that there are discrepancies in the system of judicial appointments..“We have been telling openly that the proceedings of collegiums must be transparent and unless the Leaders of the Bar are involved in the process of appointment of Judges, there shall always be scope for criticism and the decision can’t be perfect.”.Moreover, the BCI Chairman has mooted a system wherein judges are transferred from their home state within one month of their elevation to the Bench..“Bar Council of India is of the clear opinion that there should be a uniform policy of Transfer of Judges of High Courts. Within one month of their elevation/Appointments, the Judges should be transferred to some other State and no Judge should be allowed to remain a judge in his home State, in the interest of fair-play and justice.”.Mishra also condemns the “unwarranted” criticism that the Certificate and Place of Practice (Verification) Rules, 2015 has drawn from various quarters of the Bar, ahead of the State Bar Council elections..“Even the apex Court has realized the importance of verification of certificates of each and every Advocate of the country and it has turned down the request of those who came for elections without verification.”.The letter ends with an appeal to all sections of the Bar to support the institution and the system..“Therefore, I as your representative, appeal to all the common Lawyers, my elder brothers, senior Advocates, young friends to come forward and support your Institution and the system (for which and due to which we are here). Your silence on such a crucial issue is encouraging the elements and people with vested interests. Your keeping mum is proving harmful for the health of the Institution.”.Read the letter:.Click here to download the Bar & Bench Android App
