HC advocates’ assn secretary questions Bar council powers

A week after the Bar Council of Punjab and Haryana sought an explanation over a letter written to the Chief Justice, expressing gratitude for the designation of 76 lawyers as senior advocates, Gagandeep Jammu, secretary, Punjab and Haryana High Court Bar Association has questioned the power of the Bar council in relation to the internal functioning or administrative affairs of the Bar association.

In a reply submitted to the chairman, Bar Council of Punjab and Haryana, Chandigarh, Jammu said that the Bar council did not possess the authority to issue a show-cause notice to any office-bearer of the Bar association in relation to its internal functioning or administrative affairs on receipt of any complaint or otherwise as per The Advocates Act, 1961.

Jammu said that as per the provisions of the Advocates Act, 1961, the jurisdiction of the Bar council to issue a show-cause notice extended only to individual advocates in matters pertaining to alleged professional misconduct. Accordingly, the issuance of such a notice to him in his capacity as the honorary secretary falls outside the scope of the powers conferred upon the Bar council under the said Act.

He said that that even under Section 6 of the Advocates Act, 1961, which enumerates the functions of the state Bar council, there was no provision conferring any authority upon the Bar council to question, supervise or inquire into the internal functioning or administrative affairs of a Bar association.

The statutory functions of the Bar council are limited to those expressly provided under the said section, and does not extend to matters concerning the autonomous governance of registered Bar associations. He said that in view of this clarifications, it was submitted that the notice under reply might be withdrawn as the same was without jurisdiction as the functioning of any Bar association was clearly outside the purview of the council.

The Bar council in the notice said that it had received inputs from 148 Bar associations from Punjab and Haryana, reflecting a wide spectrum of opinion regarding the fairness and transparency of the process. “Your unilateral communication, therefore, has the potential to cause confusion or misrepresentation concerning the collective stand of the legal fraternity on this issue.”

The council has sought Jammu’s explanation within seven days that under what capacity the letter had been written by him.