Contempt Petition Filed Against Chairman Milind Patil & The Erring Members of State Bar Council
The legal profession is considered to be one of the noblest professions, but recent events have raised concerns about the conduct of some members of the legal community.
The State Bar Council of Maharashtra and Goa has come under fire for their alleged interference in the proceedings of a sub-juiced PIL against Justice Smt. Revati Mohite Dere. Human rights activist Mursalin Shaikh filed a PIL accusing Justice Smt. Revati Mohite Dere of granting relief to Chanda Kochar, Ex-Chairman of ICICI Bank, in a multi-crore scam being investigated by the Central Bureau of Investigation (CBI).
The State Bar Council’s concerned members are accused of making comments on the merits of the sub-judiced PIL and thereby trying to interfere with the proceedings and influence the adjudication by the court.
In response, Mursalin Shaikh has filed a contempt petition against the Chairman and other responsible members of the State Bar Council who supported the unlawful, contemptuous, and unconstitutional resolution.
The petitioner demanded the imposition of a cost of Rs. 5 Crores on each guilty member with a lifetime debarment from the noble profession of advocacy. The petitioner sought to disqualify and debar the responsible State Bar Council members for a lifetime for acting against the Bar Council of India Rules and binding precedents of the Supreme Court and also showing their lack of knowledge. Prosecution under Section 409, 120(B) of IPC is also prayed for misusing the public property for unauthorized purposes.
The State Bar Council’s press release sparked outrage among many bar associations who condemned the State Bar council for their unlawful activities, thereby defaming the noble profession of advocacy.
This recent incident is not the first time the State Bar Council has found themselves in trouble. Earlier, the State Bar Council had lost the battle in petitions in the High Court and one in the Contempt petition [Bar Council of Maharashtra Vs. State of Maharashtra, 2009 SCC OnLine Bom 424; Bar Council of Maharashtra & Goa Vs. State of Maharashtra, 2011 SCC OnLine Bom 1103].
The Bar Council of India had lost their battle before the Supreme Court in the case of Bar Council of India v. High Court, Kerala, (2004) 6 SCC 311.
The case against Justice Smt. Revati Mohite Dere is still sub-judice before the bench of the Acting Chief Justice. The petitioner has accused the State Bar Council of trying to overreach the court and interfere with the court proceedings. The State Bar Council’s actions have been seen as an attempt to influence the court’s decision by making public statements that could potentially prejudice the case.
The legal profession is based on a strong foundation of integrity, ethics, and professionalism. The conduct of some members of the legal community, including the State Bar Council, has brought into question their commitment to these values.
The contempt petition filed against the Chairman and other members of the State Bar Council is a step towards ensuring accountability and upholding the rule of law. The legal profession must maintain its high standards of professionalism and ethics to safeguard its credibility and ensure that justice is served.