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What timing! BCI’s MK Mishra: ‘3 to 4 advocate’ intervenors ‘make mockery' of legal profession, will hold press conference, tackle menace

Various levels in the latest BCI letter are approaching artful
Various levels in the latest BCI letter are approaching artful

At a time when the judiciary is arguably facing its greatest internal crisis in decades, Bar Council of India (BCI) chairman Manan Kumar Mishra has struck again, noting in a letter that “the entire institution is becoming a mockery at the hands of only 3-4 such Advocates” (yes advocates!) who create “ugly scenes in the courts every day”.

Therefore, the BCI is set to hold a press conference on Thursday (25 January) to announce its decision on the steps taken against such advocates, reported Live Law.

According to Mishra's letter:

Of course only a strong Bar can ensure an independent Judiciary, but it does not mean that we (the members of the Bar) are free to do anything, and create ugly scenes in the Courts every day. It seems that a handful of Advocates are bent upon damaging and maligning the Institution at any cost for their vested interests. These Advocates are in habit of committing nuisance and thereby trying to lay undue pressure upon the Courts in order to get favorable orders.

Though in 99.9 % of cases they fail in achieving this goal but Bar now appears to be fed up with such activities and conduct.

The entire Institution is becoming a mockery at the hands of only 3-4 such Advocates. They are trying to intervene in every such case where they find some scope to go to the media and get cheap publicity.

In most of the cases they have been appearing without any locus. They set up some people…and ….manage some Vakalatnamas just in order to intervene in the matters and create ugly scenes in the Courts.

Inviting suggestions from the bar, especially the younger members, on ways to deal with nuisance-making advocates, the letter adds:

The Younger generation of the Bar is supposed to be more sensible on the issue because they are still to start or consolidate their innings. and if the pitch itself is spoilt by a few bad players… it will not be possible for them to perform well. Therefore, their role is very important and Bar Council of India would seek their support in improving the standard of Bar.

Say what?

Suffice it to say that no bar council has yet taken any action (other than tame show cause notices and possibly one hearing) against, for example, advocates such as ML Sharma.

Furthermore, it may seem unlikely, but the timing and wording of Mishra's letter could possibly lead one to suspect that the BCI conference will have little to do with Messrs Sharma et al, but could be seen in light of yesterday's altercations between Chief Justice of India (CJI) Dipak Misra and the intervenors in the BH Loya PIL, senior counsel Dushyant Dave and Indira Jaising, in particular.

That possibility becomes even less unlikely when you consider that BCI Mishra met CJI Misra very recently, claiming without much apparent evidence that all was back to normal at the apex court.

And one oughtn't forget that BCI Mishra has been holding a torch for the BJP for a while now (after falling out of love with BSP and Congress in 2009 and 2010 respectively).

Mishra as (nominally independent) BCI member infamously campaigned for prime minister Narendra Modi, dubbing him “https://www.legallyindia.com/201403024397/Bar-Bench-Litigation/namo-bci-chairman-mahatma Mahatma Gandhi reborn;;”, and going so far as to call Modi “My Lord” in a letter that was intended to threaten the PM with lawyer strikes.

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