The Council took up for consideration a representation received from Mr. Ashok Arora, Secretary, Supreme Court Bar Association against the resolution dated 08.05.2020 passed by the Executive Committee of Supreme Court Bar Association thereby suspending him as the Honorary. Secretary of Supreme Court Bar Association and divesting him of his powers as Secretary with immediate effect and assign Mr. Rohit Pandey, Joint Secretary, all functions of the Secretary to be discharged in consultation with the President of the Supreme Court Bar Association. Supreme Court Bar Association is not only an Association of Members of the Bar of the Supreme Court, but, an institution by itself, having been led by celebrated legal inspires and jurists in the past who made salutary contribution to the justice delivery system of the country to keep the flag of the Indian Bar flying high.
Under Section-7 of the Advocates Act, 1961, it is duty of this Council to lay down the standards of good manner for the Advocates and to safeguard the rights, privileges, and interests of Advocates. This matter is directly covered under the aforementioned functions of the Council. Mr. Ashok Arora has raised several issues in his representation thereby calling in question various acts of Mr. Dushyant Dave, President, Supreme Court Bar Association and some Members of the Executive Committee.
“The BCI members are “dismayed” and “distressed” at the recent turn of events and considered view that dignity, prestige and honor of the Bar of the Apex Court of the country has been eroded and damaged by unpalatable tussle and infighting among Members of the Executive Committee which is elected by General Body of Members.”
On 6th May 2020 itself, Mr. Ashok Arora sent an email message to the Executive Committee Members informing that he had received requisition signed by 400 Members of Supreme Court Bar Association asking for removal of Mr. Dushyant Dave from the post of President and primary membership of Supreme Court Bar Association.
On 7th May 2020, Mr. Ashok Arora, Honorary Secretary, sent an email message to The Members of Supreme Court Bar Association thereby informing that an “Emergent General Meeting” is convened for 11th May 2020 to discuss an agenda including removal of Mr. Dushyant Dave from the post of President.
8th May 2020 the Honorary Secretary Mr. Ashok Arora instructed his office to inform the Members of Supreme Court Bar Association through bulk messages and email that in the view of suggestions received from many Members, it’s time to unite and the General Body Meeting proposed for 11th May 2020.
“Mr. Ashok Arora shall continue to hold his elected position as Honorary Secretary of Supreme Court Bar Association and discharge all functions and powers as such. We also direct Mr. Ashok Arora to convene a General Body Meeting of Supreme Court Bar Association within two weeks after the lockdown is over and normal functioning of the Supreme Court starts.” BCI resolution.
Mr. Manan Kumar Mishra, the Chairman of the Council did not participate in the discussion of this agenda as he is a Member and voter of Supreme Court Bar Association. It is a direction aimed at maintaining the dignity and decorum of the Institution. We are not thinking it fit and proper for the present to enter into the matter whether the action of Members of the Executive Committee should be treated to be a misconduct under Section 35 or 36 of the Advocates Act, 1961 and Bar Council of India Rules.
The issue shall be dealt with the General Body of the SCBA in accordance with the laws, and the rules, the resolution states.
By Muskan chauhan of Law college dehradun