The Bar Council of India on Monday resolved to put a stay on the decision made by the Executive Committee of the Supreme Court Bar Association, removing Mr. Ashok Arora from the post of Secretary, SCBA.
The decision has been taken by the General Council of the Bar Council of India in its meeting held on 10th May 2020 after a representation of Mr. Ashok Arora against the resolution of removing him from the post, addressed to the Bar Council of India.
The Executive Committee of the SCBA suspended Mr. Arora as the Honorary. Secretary of Supreme Court Bar Association through a Resolution dated 8th May 2020, that was in retaliation against the allegedly illegal call of Emergent General Meeting with an agenda to remove Mr. Dushyant Dave from the post of President, SCBA
The Bar Council of India taking the cognizance of the issue stated that “Normally this Council avoids to interfere in the affairs of any Bar Association. But, here is an extreme case, where the Council has realized to take notice…”
The BCI also stated in its resolution that “…Members are deeply dismayed and distressed at the turn of events in the Supreme Court Bar Association, now for quite some time, and are of the considered view that the dignity, prestige, and honour of the Bar of the Apex Court of the country has been eroded and damaged by unsavory tussle and infighting among Members of the Executive Committee which is elected by General Body of Members.”
In Ashok Arora’s representation to the BCI, he raised several issues calling inquestion various acts of Mr. Dushyant Dave, President, Supreme Court Bar Association, and some members of the Executive Committee.
However, BCI didn’t make any comment or observation on any of those allegations as most of them fall in the ambit of the General Body of the SCBA.
The BCI resolved that “…the resolution passed by the Executive Committee on 8th May 2020 suspending Mr. Ashok Arora is beyond the powers of Executive Committee and is, therefore, illegal, cavalier, undemocratic and autocratic in nature. It is vindictive on the face of it.”
The resolution added that Mr. Arora was duly elected as the Honorary Secretary by the whole general body of Members of Supreme Court Bar Association and by no stretch of any legal imagination the Executive Committee which consists of similarly elected members can assume powers to suspend him.
The resolution also stated that if the order suspending Mr. Arora remains in force it will result in “…irretrievable injustice to a lawfully elected office bearer of Supreme Court Bar Association, who as per its constitution is CEO of the association.”
The resolution has asked Mr. Arora to continue holding his office and directed him to convene a General Body Meeting of Supreme Court Bar Association within two weeks after the lockdown is over and normal functioning of the Supreme Court starts. It has also been directed that All pending issues including the contentious issues among President, Honorary Secretary and Executive Committee Members shall be part of the agenda for General Body Meeting. Further, he may take help of Senior Members of the Bar for an orderly conduct of the General Body Meeting.
However, the Council referred the matter to the General Body of Supreme Court Bar Association respecting the Supreme Court Bar Association and its Members.
The Council also stated in its resolution that “It is a direction aimed at maintaining the dignity and decorum of the Institution.”
“We are not thinking it fit and proper for the present to enter into the matter whether the action of Members of the Executive Committee should be treated to be misconduct under Section 35 or 36 of the Advocates Act, 1961 and Bar Council of India Rules”, they added.
Read the Resolution Here:
11.5.2020-BCID-1383-2020-Letter-to-SCBA-India Legal Bureau