Bar Council of India has intervened in the ongoing feud between President and Hony. Secretary of Supreme Court Bar Association.
In a Letter dated 11.05.2020 written by Bar Council of India Secretary to President and all other Office bearers of SCBA a Copy of Resolution passed by the General Council of the BCI on 10.05.2020 was shared. BCI has ruled that EC of SCBA had no authority to remove its Hony Secretary selected by a General Body of SCBA Members. Also no show cause notice was ever given to him. BCI has practically reinstated Mr. Ashok Arora as Hony. Secretary of SCBA.
Accordingly BCI stayed the suspension order while observing,'It is, therefore, unanimously resolved that the operation of the resolution dated 08.05.2020 passed by the Executive Committee of Supreme Court Bar Association, inter-alia, suspending Mr. Ashok Arora from his position as Honorary Secretary, is hereby stayed with immediate effect.'
Part of the Resolution reads-
'Normally this Council avoids to interfere in the affairs of any Bar Association. But here is an extreme case, where the Council has realised to take notice, but, even then it does not think it proper to enter into the merits of the matter for to interfere in to the affairs of Supreme Court bar association. But the issue has far-reaching effect on the working of Bar Associations in the country.
However, it is not out of place to mention that members are deeply dismayed and distrust 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 owner of the Bar of the Apex Court of the country has been eroded and damaged by the unsavory tussle and in fight among members of the executive committee which is elected body by the General Body of the Members.
Supreme Court Bar Association is not only and Association of members of the bar of the supreme court, but, an institution by itself, having been led by celebrated legal luminaries and jurists in the past who made salutary contributions in the justice delivery system of the country to keep the flag of Indian bar flying high. No wonder not only we at the bar council of India but the members of the bar and legal fitternity including judges of the apex court and other quotes of the country feel anguished and pained at such happenings involve the president and Hony Secretary of the apex bar association on the issues that can be sorted out among members of the executive committee or by intervention of senior members of the bar or at best the General Body of members who elected them in their respective elected positions.'
The Resolution further reads-
'We are of the unanimous view 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. Mr Arora was elected as honorary secretary by the whole General Body of members of Supreme Court bar association and by sketch of any legal imagination the executive committee which consists of similarly elected members can assume powers to suspend him. It is mind boggling misuse and abuse of its position by the executive committee. Ordinarily even a body which is conferred with powers to take such action would issue a show Cause Notice to the person concerned. Therefore the action/impugned resolution of Executive committee is not only illegal and arbitrary but also against principles of natural justice.
Members are firmly of the view that Bar Council of India must intervene in this matter where all canons of rules and procedure and democratic value of Apex bar (which is supposed to be an ideal bar also for the entire nation) have been disregarded and set at naught. The illegal resolution passed by the executive committee if allowed to remain in force will result in irretrievable just injustice to a lawfully elected office bearer of Supreme Court bar association who as per its constitution is CEO of the association.'
Earlier Ashok Arora had contended that,
'There is no provision in the SCBA Rules to suspend a duly elected secretary. It is all because of manipulation and unscrupulous designs of the President, Vice President, Maneesh, CU Singh and a few others. It is clearly a vindictive action because I had convened an Emergent General Meeting on the requisition of four hundred ten SCBA members to consider the removal of the President and had exposed that the President, Vice President, Meenesh, CU Singh and few others had committed serious criminal offences as mentioned below in the list of sins committed by the President.
In fact there is documentary evidence to show that the President and his men/women in the EC intimidated me from time to time for which I reserve my right to initiate legal action. They suspended me on vague and baseless allegation. In fact their undemocratic action damaged the reputation of this prestigious Bar.'
Posts in LatestLaws.com on earlier devlopments-
Supreme Court Bar Association keenly poised as Bar Secretary seeks to oust its President. [Read Letter]
Now President SCBA Dushyant Dave suspends Hony. Secretary Ashok Arora, allegedly in violation of SCBA Rules
Complete Text of BCI Resolution on SCBA (PDF File) -
