The present case arose out an contempt petition filed by advocate Charanjeet Singh Chanderpal against the BCI for non-compliance with the top court’s December 2021 decision in K Anjinappa vs KC Krishna Reddy and anr.
In that ruling, the Bench of which comprised Justice Shah and Justice BV Nagarathna had, among other things, directed the BCI to dispose of transferred complaints within a year.
“ … we direct the Bar Council of India to finally dispose of the transferred complaints, the particulars of which are referred to hereinabove expeditiously but not later than one year from today and for which even the Disciplinary Committee of the Bar Council of India may hold circuit hearings … We also direct the respective State Bar Councils to decide and dispose of the complaint(s) received by it under Section 35 expeditiously and to conclude the same within a 2 period of one year from the date of receipt of the complaint as mandated under Section 36B of the Advocates Act,” that judgment had said.
When the matter was first listed in May 20 this year, the Bench had noted that the BCI had merely issued a circular to remind/intimate State Bar Councils to comply with the top court’s directions.
The Court had then said that the same was not sufficient.
In the latest order passed on September 29, the apex court at the outset observed that in most of the complaints transferred to the BCI, the concerned inquiry officers appointed had not submitted the necessary reports towards disposal.
Senior Advocate and BCI Chairperson Manan Kumar Mishra apart from asking for a further extension of time of three months to dispose of cases, submitted that circuit benches of BCI in concerned States would deal with the complaints.
The bench also noted the submission that the Bar Council of Maharashtra and Goa was not transferring the cases despite statutory provisions of needing to do so after a year of a complaint’s pendency.
The Bench stressed on the importance of early disposal of cases that have been pending with State Bar Councils for over a year, and urged the BCI to ensure the same.
The matter will be heard next on January 9, 2023.
Source: Barandbench
