BCI forms 7-member panel for amicable settlement

Tribune News Service

Chandigarh, May 11

Less than a week after the Bar and the Bench relationship took a direct hit with the Punjab and Haryana High Court Bar Association seeking Chief Justice Ravi Shanker Jha’s transfer, the Bar Council of India (BCI) has constituted a seven-member committee “to get the matter settled amicably”.

The BCI, at the same time, refused to interfere with an order passed by the Bar Council of Punjab and Haryana staying the operation of the Bar association’s resolution calling for, among other things, the boycott of the Chief Justice’s court.

Association had moved BCI

Hours after the Bar association had called for the transfer and boycott of the court of the Chief Justice on May 7, the Bar Council of Punjab and Haryana had stayed the operation of the resolution. Aggrieved by the orders, the Bar association moved the BCI against the Bar Council of Punjab and Haryana.

Hours after the Bar association had called for the transfer and boycott of the Chief’s court on May 7, the Bar Council of Punjab and Haryana had stayed the operation of the resolution. Aggrieved by the orders, the Bar association moved the BCI against the Bar Council of Punjab and Haryana.

Issuing a notice to the Bar Council of Punjab and Haryana for May 14 for final hearing of the matter, the BCI asserted that the demand for transfer, prima facie, did not appear to be proper and justified, nor was it going to solve the problem. “Any type of such politics should not be allowed to be played in any Bar association. Associations should desist from passing such resolutions”.

The BCI added that the council, under the facts and circumstances, did not find a prima facie case for staying the order dated May 7 passed by the chairman, Bar Council of Punjab and Haryana.

The BCI added that neither the Bar Council of India, nor the state Bar Council, could support a resolution of any Bar association giving a call for the boycott of the court of the Chief Justice or any other Judge on such ground. “It can be done only in the rarest of the rare cases, when there is no other remedy left to the lawyers’ bodies,” the order added.

Stressing the need for an amicable settlement, the BCI made it clear that senior advocate Ashwani Chopra would be the convener, while the Bar association president would be the co-convener. The other members include Harpreet Singh Brar, Puneet Bali, Anu Chatrath and Partap Singh.

The BCI also requested the Chief Justice to hear the committee, listen to the grievances and redress the same as far as practicable and feasible. “The council hopes and trusts that the Chief Justice will fix a meeting with the committee soon after getting the request for the same from the convener…,” the order added.

In a press note released later during the day, state Bar Council chairman Minderjeet Yadav said the BCI was the apex body. “We should obey the orders passed by the BCI and the rift between the Bar and the Bench should be resolved immediately taking into consideration the larger interest of the legal fraternity”.

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