The Supreme Court Bar Association (SCBA) has rejected the resolution reportedly passed by the Bar Council of India staying its decision to oust Ashok Arora from the post of Secretary.
Describing the powers and constitution of Association, SCBA through its Acting Honorary Secretary Rohit Pandey has said that the Association has its own Constitution and an elected body to conduct and manage its affairs whereas the Bar Council of India established under the Advocates Act, 1961 has its powers circumscribed by the said Act.
The letter further stated that “the BCI has no power or authority to supervise much less control any Bar Association in the country including the SCBA.”
The SCBA has further termed the BCI Resolution staying the removal of Ashok Arora as “illegal, unauthorized, without jurisdiction and unwarranted.”
Defining the powers of BCI, the Association stated that “BCI is a respectable body created by Parliament for the specific purposes enshrined in law and not to do what it has purported to do by the above resolution. Clearly this has been done under a misconception of law and in colourable exercise of power.”
The SCBA on May 8 had passed a resolution suspending Ashok Arora from the post of Secretary after Arora had circulated a message on May 11 amongst the SCBA members to remove Dushyant Dave from the post of President for passing a Resolution condemning Justice Arun Mishra’s public remark in praise of PM Narendra Modi.
Read Letter Here;CamScanner-05-12-2020-21.07.14-1
-India Legal Bureau