The BCI, through its Chairman Manan Kumar Mishra, has put out a press release keeping in view the concern of the Bar and its members all around the country regarding an earlier gazette notification wherein the BCI had amended its rules, making any statement made in Electronic or Social Media, which is indecent or derogatory, defamatory or motivated, malicious or mischievous against any Court or Judge or any member of Judiciary, by any Advocate shall be a ground for his/her suspension or disqualification.
The BCI via the latest notification has resolved to constitute a committee to review the Rules. The Committee shall consist of some senior advocates, representatives of State Bar Councils and High Court and other Bar Associations, besides five Members of Bar Council of India. It is also stated that the review committee will take into consideration the representations received from some of the Associations before framing the rules.
It is further mentioned that the Committee shall be requested to submit its report within 3 weeks. Thereafter, the Council will proceed to act in accordance with the provisions of Advocates Act, 1961, until then the new rules shall be kept in abeyance.
The latest press release came up after The High Court of Himachal Pradesh refused to hear the petition challenging the said amendment.
What does BCI had to say?
“It is mentioned that the object of such the Rule was/is to improve the standard of the Profession and to weed out black sheeps from the Profession”
“Supreme Court on several occasions has directed Bar Council of India to take steps for weeding out undeserving elements from the Bar. Therefore, the Bar Council of India was/is under an obligation to frame rules for strengthening the profession.”
It is further stated that,
“Fair criticism of Judgments and it’s analysis is permissible. Lawyers’ fearlessness in court, his independence, uprightness and honesty are the virtues which should never be compromised. Bar Council of India Rules of ethics and etiquettes were framed long back when there were no social media platforms… It has been observed that many advocates indulge in increasing misuse of social and electronic media which make the whole community fall in the estimation of general public, so, it has become necessary to make necessary changes in the existing Rules.”
The notification further went on to say, “No prudent and real Advocate would oppose such steps of Bar Council of India; And only those who are not in active practice, but, always indulge in nasty and nefarious activities and have been maligning the image of the profession raise a hue and cry when meaningful steps are taken to preserve the dignity of the profession.”