October 10,2017:

BCI proposes a uniform Policy under which all Judges post elevation are mandatorily  transferred to another State.

The Bar Council of India (BCI) has now come up with a proposal to have in place a permanent system wherein on their elevation to the bench, judges are transferred from their home state within one month.

As per BCI this would bring more transparency in the whole process of appointment and transfer of judges in the higher judiciary under the current Collegium system.

BCI’s chairman Manan Kumar Mishra said that no judge should be allowed to remain a judge in his own home state and this would be in the interest of fair-play and justice.

He has issued a open letter appealing to the legal fraternity to get behind the institution.

This is being looked at the development after BCI issued Show Cause Notice to Senior Advocate Dushyant Dave’s remarks against CJI Dipak Misra.

BCI Chief stated that nowadays, it is seen that 2-3 advocates of the apex court are in a habit of uttering anything within court or outside without any logic, rhyme or reason.

The Letter states that all this is badly harming the institution, and the legal fraternity would be the ultimate sufferer.

It asks Lawyers as to how far such conduct is justified and there has to be an introspection on such conduct.

BCI has been saying openly that the proceedings of collegium must be transparent. He added that the leaders of the Bar should be involved in the process of appointment of judges and the whole process shall always be scope for criticism and no decision can’t be perfect.

BCI chairman Manan Kumar Mishra sought support of all lawyers, by stating that our silence on such an issue is encouraging the elements and people with vested interests.

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