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Lawyer MPs/MLAs seeking removal of a Judge cannot practice before that Court/Judge: BCI resolution

The Bar Council of India (BCI) has adopted a resolution to stop those legislators from practicing before “that Court or Judge” against whom they want to a part of the process of removal of a Judge.

The BCI made its resolution public on Saturday in a press conference after rejecting the objections raised by Kapil Sibal, Abhishek Manu Singhvi and Vivek Tankha who are all senior advocates and MPs, who had responded to the BCI notice stating that the lawyers’ body had no jurisdiction to pass any order in this matter.

The resolution of the BCI assumes important significance in light of the recent reports that Congress MPs Kapil Sibal and Vivek Tankha beside other MPs have supported the proposed removal process against the Chief Justice of India Dipak Misra.

The two-page resolution though did not clarify the doubt whether such legislators would be barred from the entire court or only before a judge in that court, BCI Chairperson Manan Mishra said that the bar would be for the entire court, be it the Supreme Court or the High Court.

The BCI resolution also states that though the body was against any curb on legislators who want to practice law, an exception should be carved out if such MPs, MLAs want to be a part of the process to remove a judge of a constitutional court.

The BCI has clarified that its decision would be communicated to the Court on the next date of hearing in the case concerning the plea for banning MPs and MLAs from practicing law. But until the Apex court decides anything against the BCI, its decision in this matter shall remain valid.

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