The Uttarakhand High Court has disposed of a Public Interest Litigation (PIL) filed by a retired government teacher-activist aggrieved by Resolution No. 20 passed on 15.05.2022 and Resolution No. 21 proposed on 27.11.2021 in the Bar Council of Uttarakhand , whereby they have increased the fixed fee, for initiating disciplinary cases against advocates from Rs 1,750 to Rs 5,500.
The petitioner has placed on record the Bar Council of India Rules, Part VIII . As per the above-said Rules , no fee is more than Rs 200 and Rs 250 till date. Counsel for the petitioner submits that the Resolutions are ultra vires provisions of Section 6(1)(c) of the Advocates Act, 1961.
On notice of this petition, a counter-affidavit has been filed by respondent no. 2 – Bar Council of Uttarakhand. They have placed on record the letter sent by the Bar Council of India to all the State Bar Councils informing about the modification of the Rules whereby the fee for the purpose of disciplinary action was increased from Rs 450 to Rs 1750 dated 04.02.2013.
They have further placed on record the Resolution dated 27.11.2021 and 14.05.2022, whereby the State Bar Council decided to enhance the fee from Rs 1750 to Rs 5500, and this letter has also been sent to the Bar Council of India for its approval. This counter affidavit is dated 07.06.2023.
Subsequently, an affidavit dated 25.07.2023 was also filed by respondent no. 2, and in this affidavit, it is stated that on 10.07.2023, a statement was made by the counsel for the State that, since the proposal for enhancement of fee to Rs 5500, for entertainment of complaint, is pending with the Bar Council of India, the enhanced amount will not be charged from the complainants.
It is further stated that in total there were 20 complaints, which were pending, where Rs 5500 have been charged from the complainants. The details of the said 20 complaints have been given.
Further, it is stated that in future the Bar Council of Uttarakhand will not charge any complainant beyond Rs 1750, unless the proposal made by the Bar Council of Uttarakhand, for enhancement of fee to Rs 5500, is approved by the Bar Council of India.
One counter-affidavit has been filed by the State of Uttarakhand dated 15.09.2023 stating the State Government has no role to play in addressing the grievance of the petitioner, and no relief can be granted qua the answering respondent.
In the rejoinder affidavit filed by the petitioner, it is stated that the Bar Council of Uttarakhand has charged Rs 5500 from 20 complainants, and they have also placed on record a Bankers Cheque of Rs 5500 of May 2023.
In the present case, respondent no. 2 has already filed their counter-affidavit stating that in future they will not charge the enhanced fee of Rs 5500, unless the Resolutions passed by them is approved by the Bar Council of India, the Court noted.
At this stage, the Division Bench of Chief Justice Ritu Bahri and Justice Alok Kumar Verma disposed the PIL by observing that, pending the decision of the Bar Council of India on the Resolutions, the complaints against the Advocates will be entertained only on payment of Rs 1750 fee. A further direction is being given that, with regard to the 20 complainants, who have paid Rs 5500 towards fee, steps will be taken by the Bar Council of Uttarakhand to return the remaining amount to all 20 complainants after deducting Rs 1750 from Rs 5500.