In a comeback by SCBA to BCI's letter, Supreme Court Bar Association has stated that,"The Bar Council of India has no jurisdiction or power to control or govern any Bar Association in the country".
The SCBA in its letter has further stated that,"The Resolution passed by BCI is illegal, unauthorised, without jurisdiction and unwarranted. It invades the rights of SCBA to manage and run its affairs".
With this SCBA has returned the BCI's resolution which stayed SCBA's resolution on suspension of Mr. Ashok Arora as SCBA Secretary.
The letter state that,"Bar Council of India is established under the Advocates Act of 1961 whereas the SCBA came into existence in 1951 and is a registered society under the Societies Registration Act. The SCBA has a Constitution of its own and an elected body to manage the affairs".
SCBA has stated that,"The powers and duties of the BCI are envisaged in the Advocates Act and the same gives the BCI no authority to supervise or control any Bar Association in the country".
The letter states that,"The Executive Committee believes that the action of the BCI to "stay" SCBA's decision "has been done under a misconception of law and in colourable exercise of power".
The letter, signed by the Acting Secretary of the SCBA Rohit Pandey.
On May 8, Ashok Arora had communicated to the members of the SCBA that the EGM was adjourned sine die and on the same day, the EC of the SCBA resolved by majority to suspend Arora from the position of the Secretary with immediate effect.
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