The Supreme Court on Thursday deferred the special leave petition filed by Ashok Arora, former secretary of Supreme Court Bar Association against the Delhi High Court order to next week. 

Arora had filed a plea in Delhi High Court challenging his suspension from SCBA, which the court refused to hear and said let the matter be discussed before another bench.

A bench comprising Justices A.M Khanvilkar and B.R Gavai, heard the matter and allowed it to argue in person.The court adjourned the hearing to next Tuesday due to audio issues.

Today, Arora submitted that he wanted to argue in person. The bench directed Arora to first discharge his advocate, if he has engaged an advocate-on-record, and then address the court. Being the advocate in the apex court, he should be aware of the practice, the bench said.

Arora sought permission to make a statement on the same. As  AOR agreed to discharge, the court dictated an order whereby Arora was allowed to argue in person.

Arora in his submissions pointed out a “disgusting” incident from the sequence of events. Despite his suspension, the letterhead of SCBA describes him as Hon Secy Ashok Arora (Under Suspension), said Arora on finding the mention humiliating and defamatory.

The bench has asked Arora for the suspension notice. It has also directed him to take the matter to SCBA and ask them to remove his name from the letterhead.

Earlier in November, a division bench Rajiv Sahai Endlaw and Asha Menon upheld the orders of Single Bench of Justice Mukta Gupta, who refused to grant interim relief of staying the SCBA suspension to Arora. Justice Gupta noted that Arora failed to establish a prima facie case in his favour.  

On May 8, Arora was suspended from SCBA with immediate effect after the Executive committee took decision in a meeting.  The suspension came a day after Arora had called an emergent general meeting (EGM) of the lawyers’ body to deliberate on removal of senior advocate Dushyant Dave from the post of SCBA President.

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Arora then filed a lawsuit in Delhi High Court, challenging his suspension on the ground that his removal by the Executive Committee of SCBA was in violation of principles of natural justice.

New Delhi (ILNS): The Delhi High Court today declined to provide interim relief to advocate Ashok Arora, who is seeking a stay on his removal from the post of Secretary of the Supreme Court Bar Association (SCBA).

Justice Mukta Gupta, while pronouncing the judgment through video conferencing, noted that there is “no prima facie case made out.”

The petition has been filed by Advocate Ashok Arora, challenging the SCBA resolution of May 8, suspending him from the post of secretary of the  SCBA, alleging that it was in violation of Rule 35 of the SCBA Rules and his ouster was void ab initio. Arora further alleged that his removal was also in violation of the principle of natural justice.

Senior Advocate Arvind Nigam, appearing for the SCBA, submitted that all the principles of natural justice were followed. The president recused himself from the deliberations and Arora was allowed to present his side.

The Bar Council of India (BCI) on May 10, however, resolved to put a stay on the decision made by the executive committee of the SCBA of removing  Ashok Arora from the post of secretary.

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The BCI, while staying the suspension, said:

 “…the resolution passed by the Executive Committee on 8th May 2020 suspending Mr. Ashok Arora is beyond the powers of the Executive Committee and is, therefore, illegal, cavalier, undemocratic and autocratic in nature. It is vindictive on the face of it.”

-ILNS

The Delhi High Court has issued notice in a suit filed by Advocate Ashok Arora challenging the SCBA Resolution dated May 8, suspending him from the post of Secretary of the Supreme Court Bar Association (SCBA)

A single judge bench headed by Justice Mukta Gupta while issuing summons to SCBA and Bar Council of India, has directed them to file their written statement within 3 weeks. The court said, Replication and rejoinder affidavit be filed within one week thereafter.

The Executive Committee of the SCBA suspended Mr. Arora as the Honorary. Secretary of Supreme Court Bar Association through a Resolution dated 8^th May 2020, that was in retaliation against the allegedly illegal call of Emergent General Meeting with an agenda to remove Mr Dushyant Dave from the post of President, SCBA.

The Bar Council of India however on May 10, resolved to put a stay on the decision made by the Executive Committee of the Supreme Court Bar Association, removing Mr Ashok Arora from the post of Secretary, SCBA.

The BCI while staying the suspension of Ashok Arora said that “…the resolution passed by the Executive Committee on 8th May 2020 suspending Mr. Ashok Arora is beyond the powers of Executive Committee and is, therefore, illegal, cavalier, undemocratic and autocratic in nature. It is vindictive on the face of it.”

The High Court has listed the matter for next hearing on August 6.

-India Legal Bureau