Updated: September 23, 2020 2:05:57 pm
The Delhi Bar Association (BCD) has asked activist and lawyer Prashant Bhushan to appear before it on October 23 following his conviction by the Supreme Court, which imposed a symbolic fine of Re 1 in a contempt case.
BCD’s move came in compliance with the September 6 resolution of the top bar body, the Indian Bar Council (BCI), requesting its Delhi section to make a legal decision on this matter taking into account the Bhushan’s condemnation.
BCD has requested Bhushan’s response on why proceedings should not be initiated to revoke his registration as a lawyer in light of the conviction for his alleged derogatory tweets against the judiciary.
Bhushan, who is required to appear in person or via video conference on October 23, must respond to the Council within 15 days of receiving the notification.
A State Bar Council licenses a person to practice as a lawyer and has broad powers, such as suspending or taking away the right of its members in certain situations to practice under the Lawyers Law.
“You are required to appear in person or through an authorized advocate on your behalf on October 23 at 4:00 pm in the Council office… for a personal hearing. You can appear physically or via virtual conference as it suits you, ”the BCD said in the notice.
In addition, it read: “You must also send your response to the Council within 15 days of receiving this letter as to why the procedures under section 24A (Disqualification for enrollment) and section 35 of the Defenders Act are not brought against you in view of your tweets in question and conviction under the Suo motu contempt petition of the Supreme Court of India. “
The BCD made the decision in a resolution passed on September 18.
Bhushan acknowledged receiving the notice on Twitter this morning.
He said that if he does not choose to appear before the Council on the date set, the process will be carried out “ex parte”.
A bank headed by judge Aruna Mishra (now retired) had convicted him for his two tweets against the judiciary and had imposed a fine of Re 1.
As punishment, he was ordered to deposit the fine in the Supreme Court registry before September 15, otherwise he would have to spend three months in jail and be disqualified from practicing law for three years.
Bhushan paid the fine imposed on him on September 14, even though he said he would file a petition for review with the higher court against the verdict.
The top bar body had said that it deliberated on the high court ruling at its general council meeting on September 3, holding that the tweets and statements made by Bhushan and the SC ruling need a thorough study and examination. “in light of the legal duties, powers and functions conferred on it by the Law on the Legal Profession and the norms framed in it.”
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