April 1,2018:

BCI, which is the Apex Body regulating legal profession has stated that,"MPs and MLAs could not be banned from practising law but they should be restrained from appearing before a judge whose removal they seek".

Bar Council of India (BCI) has sought debarment of the lawyer-MPs from appearing before the judges of Supreme Court and High Courts, whose impeachment they seek.

BCI Chairman Manan Kumar Mishra stated that,“The BCI has come to a final conclusion that we cannot stop or ban MPs from practising in the courts, but there is an exception to it. The lawyer-MPs or MLAs, if they start any motion of impeachment or removal proceedings against any high court or Supreme Court judge, will not be allowed to practise in that particular court. This is the majority view of the council”.

Decision comes at a time when the opposition is planning to bring a motion in the Rajya Sabha for removal of Chief Justice of India Dipak Misra amid the likelihood of senior lawyers P Chidambaram, Kapil Sibal, Abhishek Manu Singhvi, Vivek Tankha (all Congress), KTS Tulsi (nominated by and aligned with Congress) and Majeed Memon (NCP) backing the move.

Decision was taken on basis of recommendation of a Sub-Committee of BCI set up to look into petition of BJP member Ashwini Upadhyay that sitting MPs and MLAs should be barred from practising in the Courts..

Committee submitted its Report stating that they should not be restrained from practising as lawyers but recommended that they should not be allowed to appear before a judge who is facing removal under Judges (Inquiry) Act, 1968.

BCI is also likely to take the same stand before the Supreme Court which asked for its opinion on barring MPs and MLAs from practising law.

 

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