In its appeal, BCD stated that as per the provisions of the Advocates Act, an appeal against the order of the state bar council like the BCD lies with the BCI and not the High Court.
As per the provisions of Section 38 of Advocates Act, any person aggrieved by an order made by the disciplinary committee of the BCI, may within sixty days of the date on which the order is communicated to him, prefer an appeal to the Supreme Court of India, the plea said.
The plea further contended that the case against the four advocates is at the threshold and only a preliminary notice has been issued to them by the full house and the matter has not been referred to the disciplinary committee as yet.
“The Appellant herein is confining the present Letters Patent Appeal against the impugned order by the Ld. Single Judge, wherein powers, authority, impartiality, independence and integrity of the Bar Council of Delhi has been put under challenge,” the appeal stated.