LLB degree row: Delhi High Court stays BCI resolution suspending BCD Vice-Chairman Sanjeev Nasiar
The Delhi High Court on Monday stayed a resolution of the Bar Council of India (BCI), suspending Advocate Sanjeev Nasiar from the post of Vice-Chairman of the Bar Council of Delhi (BCD), following discrepancies in his LLB (Honours) degree.
The single-judge Bench of Justice Sanjeev Narula stayed the BCI’s resolution, which further sought a probe by the Central Bureau of Investigation (CBI) into the authenticity of Advocate Nasiar’s LL.B (Hons) degree, and listed the matter for further hearing on January 21, 2025.
Appearing for Nasiar, Senior Advocate Vikas Pahwa submitted that PMB Gujarati Arts and Law College, Indore has already affirmed that Nasiar’s degree was genuine. This fact was already held by the High Court, he added.
The Senior Counsel contended that BCI invoked its revisional powers, assuming jurisdiction on its own. No opportunity was given to Nasiar for hearing. BCI directly published the lawyer. The Council did not term Nasiar’s degree as forged; but called it ‘highly questionable’.
As per Pahwa, only the Supreme Court and High Courts had the authority to order a CBI probe, not BCI.
He said BCI lacked the authority to issue a directive for the removal of BCD Vice-Chairman, without initiating a CBI probe. While the BCD may possess the power to remove its VC, the BCI could not act unilaterally. BCI also did not have the authority to remove its own Chairman or Vice-Chairman.
Representing BCI, Senior Advocate Kirtiman Singh argued that although the University had vouched for the authenticity of the degree, it did not have the last word on proving it. He added that Universities may be complicit in giving fake degrees.
The Senior Counsel said that BCD could not stop BCI from conducting an inquiry. He pointed out that the degree was awarded in 1988, despite the course having been started in 2008. The Sub-Committee prepared the report after physically going to the university and doing a thorough investigation, Singh added.
Senior Advocate Pahwa then contended that during the same time period, the University awarded LLB degrees to High Court judges, three designated lawyers and a former Speaker. He said the directive did not target the university, but only Nasiar. He sought interim protection citing news reports about Nasiar’s suspension and the direction for CBI probe, which was ultimately granted by the High Court.
On December 7, the Bar Council of India (BCI) removed Nasiar from the post of Vice-Chairman of BCD, following discrepancies in his LLB (Honours) degree.
BCI adopted a resolution, demanding a probe by the Central Bureau of Investigation (CBI) into the authenticity of the LLB (H) degree of Nasiar and potential fabrication of related records, along with action against the accused.
As per the resolution, in order to safeguard the integrity and dignity of the legal profession and ensure public confidence in it, the Bar Council of India has decided to remove Nasiar from the position of Vice Chairman of BCD, pending the outcome of the investigation.
The action followed a report submitted by the Sub-Committee on October 25, 2024, regarding enquiry of the LLB (Hons) degree of Nasiar. The sub-committee was constituted on September 3, 2024, on directions from the Delhi High Court.
The report highlighted various irregularities in Nasiar’s academic credentials. It said the LLB (Hons) programme at PMB Gujarati Arts and Law College, Indore, was unauthorised during the period in question.
It said the records provided by Devi Ahilyabai Vishwavidyalaya (DAVV), Indore, appeared tampered, featuring uniform handwriting and ink consistency across multiple entries.
As per the Sub-committee, the LLB (Hons) course was only introduced under BCI regulations in 2008, contradicting Nasiar’s degree dated 1988. University officials displayed non-cooperation and obstructed the inquiry process, raising further doubts about the authenticity of the degree.
BCI was conscientious about upholding the prestige & honour of the legal profession and remained resolute in its resolve to uphold its sanctity to ensure that only those meeting the highest standards of ethics and qualifications were permitted to practice law in India, it added.
A writ petition had been filed in the Delhi High Court by one Naresh Chand Gupta, a practicing advocate, alleging that Nasiar had enrolled as an advocate using a forged LLB (Hons) degree.
The petitioner highlighted inconsistencies in Nasiar’s academic documents and cited an earlier case involving forged degrees from the same university.
The university initially affirmed the genuineness of Nasiar’s degree before the High Court.
The High Court noted that despite BCI’s request, BCD did not forward the relevant records and directed the BCD to submit all records to the BCI for further action.
After inquiry, BCI noted that the university exhibited conflicting behaviour during verification efforts.