The Indian Bar Association (IBA) has publicly endorsed Adv. Ravi Jadhav, President of the Bar Association of Bombay City Civil and Sessions Court, who is leading a significant fight against alleged injustices faced by advocates. These injustices include illegal disciplinary proceedings, bogus complaints, selective punitive actions, and overall threats to the independence and dignity of the Bar. The IBA’s support signals a strong institutional backing amid growing unrest within the legal community.
Highlights:
- Failure of Bar Council: The Bar Council is accused of failing to protect advocates’ rights, instead conducting unauthorized disciplinary actions, entertaining bogus complaints, and targeting ordinary lawyers while shielding influential individuals.
- Illegal Disciplinary Proceedings: The statutory term of the Bar Council of Maharashtra and Goa expired in August 2024, making ongoing disciplinary proceedings ultra vires (beyond legal authority) as per multiple High Court and Supreme Court rulings. Despite this, such proceedings allegedly continue illegally.
- Selective Justice and Violation of Article 14: There are serious allegations of double standards and selective enforcement of disciplinary rules, violating the constitutional guarantee of equality before the law (Article 14). The Bombay High Court’s judgment in Geeta Ramanugrah Shastri v. Bar Council mandates rejection of harassment complaints at the outset, but this is reportedly applied inconsistently.
- Harassment and Extortion Allegations: Some advocates reportedly face harassment, monetary demands, and extortion-like tactics under the guise of disciplinary actions.
- Dignity of Advocates and Misuse of Contempt Law: Concerns were raised about humiliating treatment of lawyers by police and misuse of contempt powers by some judicial officers.
Institutional and Professional Response
- A special meeting with Adv. Ravi Jadhav resolved to initiate judicial and legal proceedings against Bar Council members guilty of illegal and mala fide conduct.
- Adv. Ravi Jadhav is noted for representing victimized advocates at a token fee of ₹1, self-funding these legal battles without personal gain, symbolizing professional integrity and commitment.
- Senior advocates including Adv. Partho Sarkar, Adv. Vijay Kurle, and Adv. Nilesh Ojha provide legal and moral support, encouraging young lawyers to raise their voices.
- The IBA, along with allied groups such as the Indian Lawyers and Human Rights Activists’ Association (ILHRAA), Junior Advocate & Law Students Association of India (JALSAI), and Supreme Court and High Court Litigants Association, have pledged full support.
Indian Bar Association’s Ongoing Role
- The IBA has a longstanding history of protecting justice and advocate rights by:
- Publishing legal guides and awareness articles in multiple Indian languages.
- Pursuing legal action against corrupt judicial and Bar Council members.
- Advocating for transparency, accountability, and constitutional discipline in the justice delivery system.
- Supporting honest judges while demanding strict action against corrupt ones.
Disciplinary Proceedings Without Authority
The Bar Council of Maharashtra and Goa’s statutory five-year term is set to expire in August 2024, leading to significant legal challenges regarding the continuation of disciplinary proceedings.
- Judicial Precedents: Multiple rulings from High Courts and the Supreme Court have established that the Bar Council cannot lawfully pursue disciplinary actions post-term expiration. Key cases include:
- Yeshwanth Shenoy v. Bar Council of Kerala (2025 SCC OnLine Ker 4049)
- Bar Council of India v. Yeshwanth Shenoy (2025 SCC OnLine Ker 11013)
- Anoop Singh v. Bar Council of India ((2010) 15 SCC 499)
- Quashing of Proceedings: Courts have quashed several disciplinary proceedings initiated by the Bar Council, reaffirming that actions taken without jurisdiction are invalid.
- Supreme Court’s Stance: In a high-profile case involving Adv. Rajeev Narula, the Supreme Court criticized ongoing unauthorized disciplinary proceedings, quashing them and imposing costs of ₹50,000 for each case due to the harassment of advocates. This establishes a precedent for accountability against wrongful disciplinary measures.
- Allegations of Misconduct: Despite judicial oversight, allegations persist regarding the Bar Council’s continued illegal and ultra vires disciplinary actions. Specific claims include:
- Deliberate harassment of certain advocates.
- Monetary extortion linked to disciplinary proceedings.
- A general culture of intimidation within disciplinary processes.
- Significance of Findings: The continuation of these unauthorized proceedings raises serious concerns about legal oversight and ethical conduct within the Bar Council, potentially affecting the integrity of the legal profession in Maharashtra and Goa.
- Implications for the Bar Council: As the statutory term approaches expiration, the Bar Council must address these legal challenges proactively to maintain its authority and uphold professional standards within the legal community. Failure to do so could result in further judicial scrutiny and erosion of public trust in the legal profession.
- Recommendations:
- The Bar Council should immediately halt all disciplinary proceedings that lack legal authority.
- A review of existing disciplinary protocols and an evaluation of compliance with judicial directives should be conducted.
- Establish transparent mechanisms to prevent allegations of harassment and extortion from recurring in future disciplinary matters.
Allegations of Double Standards and Violation of Article 14 by the Bar Council
- Concerns have been raised regarding potential unfair practices (called double standards) by some members of the Bar Council, an important organization overseeing legal professionals. This situation has sparked debates about justice and equality in legal matters.
- Judgment Reference: A specific legal case, Geeta Ramanugrah Shastri v. Bar Council of Maharashtra & Goa, 2023 SCC OnLine Bom 1720, is central to the discussion. The Bombay High Court ruled that if someone files a complaint against a lawyer just to annoy or punish them (harassment), that complaint should be rejected immediately.
- Selective Application of the Ruling: Despite this clear ruling, it has been noted that not all advocates are treated equally:
- Some lawyers benefit from this ruling and have their complaints dismissed.
- Others in similar situations do not receive the same protection and are left without help.
- This inconsistency (the selective application of the judgment) raises serious doubts about fairness and equality under the law.
- Article 14 of the Constitution: The accusations suggest a violation of Article 14, which is a fundamental part of the Indian Constitution. This article states that everyone should be treated equally under the law, meaning no one should receive special treatment or be unfairly penalized.
- Call for Investigation: In light of these serious allegations, many speakers have called for:
- A complete and independent investigation into the Bar Council’s actions.
- The possibility of a Central Bureau of Investigation (CBI) inquiry, which is a formal investigation carried out by a specialized government agency.
- Investigations should look into claims of selective action against certain advocates.
- Concerns about financial misconduct and misuse of power within the Bar Council should also be addressed.
- Why This Matters: Ensuring fairness is vital in the legal system, where everyone deserves equal treatment. Allegations of favoritism or unfair practices can undermine trust in legal institutions. When some lawyers are protected while others face unjust actions, it erodes public confidence in the justice system.
- Potential Outcomes: If a thorough investigation occurs:
- It could reveal the truth behind these allegations.
- If wrongdoing is found, it might lead to necessary changes within the Bar Council to promote fairness and integrity.
- Restoring trust in legal processes is crucial for both advocates and the general public who rely on the justice system for protection of their rights.
Large-Scale Protests Announcement
- Meeting Overview: A recent meeting focused on crucial issues affecting advocates, including their dignity as Officers of the Court, reported humiliating treatment by police, and misuse of contempt law by judicial authorities.
- Deliberations:
- Extensive discussions on improving the working conditions and respect for advocates were held.
- Both organizational and legal measures were deemed necessary to address the concerns raised.
- Advocates Involved:
- Prominent advocates such as Adv. Nilesh Ojha, Adv. Vijay Kurle, Adv. Partho Sarkar, Adv. Tanveer Nizam, Adv. Ishwarlal Agarwal, Adv. Abhishek Mishra, Adv. Nicky Pokar, Adv. Vikas Pawar, and Adv. Sonali Manchekar participated in the discussion.
- The collective support of both senior and young lawyers was evident, showcasing a united front.
- Women’s Involvement:
- The notable participation of women advocates underscored the movement’s broadened scope, emphasizing its dual professional and social implications.
- Protest Plans:
- Large-scale protests are set to be organized in major cities, specifically Mumbai and New Delhi.
- The events will include the largest car and bike rally in advocacy history, indicating significant mobilization efforts led by the Indian Bar Association.
- Momentum:
- This initiative is framed as a response to ongoing issues within the legal framework and represents an escalating movement for reform and respect within the advocacy community.
Final Statement from the Meeting
The meeting concluded with a strong and unequivocal message:
“If advocates are at fault, action must certainly be taken. However, if advocates are harassed without cause, out of vendetta or corrupt motives, no one will be spared. ‘Kaayde me rahoge, tabhi faayde me rahoge’—act within the law, and only then will you remain protected by the law.”
As the movement gains traction nationwide, the upcoming weeks will challenge the integrity and accountability of legal institutions across the country.
Ref: https://youngadvocatescouncil.com/indian-bar-association-backs-adv-ravi-jadhav-announces-nationwide-protests-to-protect-advocates-rights-and-bar-independence/
Latest News: