The Supreme Court bench of Justices MR Shah and BV Nagarathna requested a comprehensive response from the Bar Council of India in a contempt suit charging disobedience of the Supreme Court’s orders requiring Bar Councils to decide complaints against Advocates within one year of receipt.
On December 27, 2021, the BCI sent a circular to all state bar councils in response to the BCI’s counsel’s submissions that they must comply with the directions.
In addition, as stated by Section 36 B of the Advocates Act, the Bar Councils must dispose of complaints under Section 35 swiftly and end them within a year from the date of receipt of the complaint.
The Court ordered BCI to issue directions to the State Bar Council to recruit a panel of Inquiry Officers to conduct the investigation on BCI’s behalf and to deliver a report to BCI so that it could take necessary actions.
The complainants and the lawyers representing them may appear before the Inquiry Officers in the state where the complaints were submitted. The Court ordered the State Bar Councils’ Disciplinary Committee to convene on a regular basis.
It also instructed the State Bar Council to assemble a panel of Inquiry Officers who may be tasked with conducting the investigation as and when it is required in response to a complaint.
The bench concluded that the proceedings would be transferred within one year of receipt of transfer only in rare situations and after establishing clear and reasonable reasons for non-disposal within one year.
Given that 1273 complaints were transferred to the BCI from State Bar Councils in the last five years, the Court underlined that a process for disposal should be developed.
The judge adjourned the case till July 18, 2022, and instructed BCI to produce a report by July 14, 2022.