The repercussions of the criminal contempt case brought by the Supreme Court against lawyer Prashant Bhushan have not yet ended. Although the high court fined Bhushan a paltry sum of 1 rupees, the judgment left enough leeway to also ensure that Bhushan’s license to practice law can be suspended.
“Pursuant to the conviction in a criminal case, the Indian Bar Association (BCI) may suspend the enrollment, if it so wishes,” reads the judgment in paragraph 89.
The Indian Council of Lawyers has now cited the judgment of the high court to order the Delhi Council of Lawyers, where Bhushan is registered, to examine Bhushan’s tweets and take action according to the law.
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“The BCI is of the opinion that the tweets and statements of Prashant Bhushan and the judgment of the Supreme Court need a thorough study and examination… the General Council of the BCI has unanimously resolved to head the Delhi Bar Council, where Bhushan is registered as defender, to examine the matter and proceed in accordance with the law and decide the same as quickly as possible, “said a press release issued by BCI.
Article 24A of the Law on Lawyers provides that a person may not be admitted as a lawyer on the list of the council of lawyers of the state in question if he is convicted of a crime involving moral depravity. Section 35 of the Act states that if an attorney is found guilty of professional or other misconduct, that attorney may be suspended from practice for a limited period or his or her license may be terminated entirely. The rules of the Bar Council of India also prescribe the professional conduct and etiquette required of a court advocate.
The BCI said that Bhushan’s tweets should be examined in light of the above provisions. Bhushan was not available for comment.
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