Asked March 02, 2017

High Court Power over BCI

  • 1 Answer

I have been assaulted by the Police sub-inspector's lawyer to withdraw a criminal case filed against the PSI. The lawyer initially threaten me to withdraw the case or face dire consequences. I have filed a case against the PSI for assaulting me causing GRIEVOUS INJURY. I had filed a complaint before the state bar council, order was passed that "No Clinching Evidence". I appeal against the state bar council's order to the Bar Council of India. Though my case was admitted in 2015 and case number was generated, the proceedings have not yet begun. How can I set the law in motion? Can High Court issue issue writ/directions to the BCI?

Answer 1

The Bar Council of any State or the Bar Council of India can only admit cases against a lawyer for his professional misconduct or any other misbehavior on his part. This principle was laid down in the case of Adi Pherozshah Gandhi vs H. M. Seervai, Advocate-General 1971 AIR 385 Therefore I will assume that you are referring to the case against the police sub inspector’s lawyer and not the  case against PSI for causing grievous injury.

Under Section 37 of the Advocates Act 1961, there is no time period which is specified for the Bar council of India to dispose off any appeal.  However if anyone is registered under a State Bar Council, they have the right to practice in both the High Courts and Supreme Court and therefore it is not the exclusive domain of the Parliament.[1] Therefore even the High Court can issue orders. However the best way to go about is to go by the usual process. Under Section 38 of the Advocates Act, after an appeal by the Bar Council of India, the only appeal can be at the Supreme Court. 


[1] O. N. Mohindroo vs The Bar Council Of Delhi 1968 AIR 888

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