“Its right place is in the dustbin”, Guj lawyer Asim Pandya’s memo against Advocates Amendment Bill

President of the Gujarat High Court Advocates’ Association, Asim Pandya has published a document in protest of the Law Commission of India’s proposed changes to the Advocates Act..The Memorandum of Protest calls upon all district and taluk bar associations of the state to sign it and send it to the concerned district collector..The document, which declares the Amendment Bill to be “utterly regressive and its right place is not parliament but a dustbin”, also calls for the members of the Law Commission to be replaced..It says that the 266th Report of the Law Commission was drafted in an “undemocratic manner”, since the views of the Bar were not considered. In fact, it also states that 79 out of 136 suggestions received by the Law Commission are from judges, leading to pro-judge amendments..It also alleges bias on the part of the Law Commission Chairman, former Supreme Court judge, Justice BS Chauhan. It states,.“The recommendation of the Law Commission and Amendment Bill is being sent pursuant to the judgment of the Hon’ble Supreme Court in the case of Mahipalsingh Versus State of Uttar Pradesh…It is interesting to note that the genesis of this case is in one decision of the Allahabad High Court where contempt proceeding was initiated against Mahipal Singh in which the charge was framed by the bench consisting of Justice Dr. B. S. Chauhan….…Now, the personal views of Justice B. S. Chauhan is being thrust upon on the entire lawyer community in the form of the amendment in the Advocates Act which is impermissible on the doctrine “nemo judex in sua properia causa” (nobody can be a judge in his own cause)…”.Also protested against are the provisions which place advocates under suspension pending inquiries against them and their liability to compensate clients who make complaints against them. The memo also states that the Bar is against the entry of foreign lawyers and law firms, and the proposed “destruction of autonomy” of the Bar Council of India and the State Bar Councils..Speaking to Bar & Bench, Pandya said,.“This Memorandum will be submitted to all Members of Parliament, so that they can appreciate the grievances of the lawyers. This way, they will be able to debate and opposed the passing of the Bill when it is put up for discussion in Parliament.”.He also revealed that lawyers across the state of Gujarat would heed the BCI’s call to go on protest on April 21..“We are going to carry out a protest rally and burn copies of the Law Commission reports, and go on strike.”.According to Pandya, a similar memorandum may be circulated in other states as well, once the BCI signs off on the same..“The Memorandum will be circulated throughout the state of Gujarat. I have also forwarded it to the BCI, so that something can be drafted on the same lines for other states.”.Read the memorandum: