Uttarakhand High Court halts State Bar Council's hike in fee for filing complaints against advocates

The Uttarakhand High Court has put on hold the State Bar Council's decision to hike the fee that is to be paid for filing complaints against lawyers in the State [Satya Devi Tyagi v State of Uttarakhand and others].

A Bench of Chief Justice Ritu Bahri and Justice Alok Kumar Verma said that until the Bar Council of India (BCI) takes a final call on the matter, complaints against the advocates will be entertained on the payment of the earlier fee of ₹1,750 and not the hiked fee of ₹5,500.

"Pending the decision of the Bar Council of India ... the complaints against the Advocates will be entertained only on the payment of fee of Rs. 1750," the Court ordered.

The order was passed on a Public Interest Litigation (PIL) petition challenging the State Bar Council's decision to raise the fee for filing complaints against advocates from ₹1,750 to ₹5,500.

The petitioner, a retired government teacher and social activist, argued that the enhanced fee was over and above the fee fixed by the BCI for filing such complaints.

The Uttarakhand Bar Council later told the Court, by a counter affidavit, that it will not charge the enhanced fee of ₹5,500 until the BCI approves the State Bar Council's resolution for the fee hike. The Court recorded this submission in its order.

The Court also ordered the State Bar Council to refund the excess fee collected so far from complainants.

"A further direction is being given that, with regard to the 20 complainants, who have paid Rs. 5500 towards fee, steps will be taken by the Bar Council of Uttarakhand to return the remaining amount to all the 20 complainants after deducting Rs. 1750 from Rs. 5500," the Court said in its September 18 order while disposing of the plea.

Advocates Kartikey Hari Gupta and Pallavi Bahuguna appeared for the petitioner, Satya Dev Tyagi.

Deputy Advocate General Mamta Bisht appeared for the State of Uttarakhand.

Advocate Piyush Garg appeared for the Bar Council of Uttarakhand.

Advocate Sandeep Tiwari appeared for the BCI.

Advocate Manoj Kumar appeared for the Union of India.

[Read Order]