Bar Council of India has been questioned by the Supreme Court or not taking action against erring lawyers, saying it has become “ineffective” and courts become victims because of such legal practitioners.
“Bar Council has become ineffective. No action is taken against erring lawyers and we have to suffer. We are actually the victim and lawyers are making money,” according to the bench of justices B S Chauhan and Dipak Misra.
The bench made the remarks while refusing to hear anticipatory bail plea of a Mumbai-based businessman, who moved the apex court even after his lawyer had earlier withdrawn the petition.
The bench said that the petitioner can approach the Bar Council or Police and lodge complaint against the lawyer who had withdrawn the petition.
“Lawyers think that they are above law. We are facing such situation every day,” the bench mentioned.
“It is just anticipatory bail plea. Let him first surrender. Let the lawyer first appear before us,” according the bench.
Bar Council of India is the regulating body for practising advocates and frames rules on their professional standards and legal education in the country.
THE HONORABLE SUPREME COURT HAS RIGHTLY AND APTLY SUMMED THE MALAISE AND ROT DENTING IN THE NOBLE PROFESSION…WONDER ,WHY THE COUNCILS LOOK ON HELPLESSLY AND ARE PARALYZED TO TAKE APPROPRIATE ACTION ON UNSCRUPULOUS” LAWYERS “,by profession???????????
I t is right time to view seriously about crimes whether criminal or civil . The apex court should direct its subordinate courts to adjudicate the cases fast, & also punish the guilty heavily. Otherwise the criminals grow making the society bad society.
Pathetic situation indeed ! In this country of ours, there is no dearth of corrupt & inefficient politicians, judiciary, bureacrats, and now Lawyers too ? Citizen is left with no alternative other than suffocating under such powerful ones ! Unless, each of the functionaries and institutions exercise their assigned roles, I am afraid, it is humanly impossible for the Supreme Court of India to rule over them as have been suggested. It is for the citiizens of this country to compel the concerned persons/institutions to discharge their assigned roles efficiently and effectively by making them responsible and accountable rather than expecting the SC others to taken over that function.
The sad reality is that the one who is unfit for any other profession opts to purchase L.L.B. degree and fakes the professional standards. Even more worrisome is that there are thousands of fake lawyers in India. The only bar association to identify and disqualify them was the Nagercoil Bar Association. But still there exists numerous fake lawyers even in Nagercoil. Imagine the cause of all these poor standards of the Bar Council of India. There are certain Bar Associations in Kanyakumari District which constitutes the fake lawyers as its majority members. The Supreme Court is sleeping over this matter and is now crying about the effectiveness of the Bar Council.
The apex court is right absolutely. Today the advocate community is fleecing people with false promises and many a times additional amounts are collected in the names of judicial officers. But the apex court should not forget that retired judges who act as arbitrator s collect huge amounts. It is for these reasons the Lawyers are an avoidable community. The Apex Court should start giving publicity and encourage litigants to go to Consumer Forums and mandate the Bar council that they take action on erring advocates.
I wud request the BCI to consider making it mandatory for lawyers to mention their specialisation (s) ; and also record shud be maintained by the BCI as to in how many cases the lawyer has appeared before court (s) with details of the case and name of the court (s). All these information shud be digitalised and put on website of the BCI . This wud help the litigants a well as lawyers. The rate of litigation is low because the cost of seeking justice is too high and time consuming. That needs to be regulated in some reasonable manner.
Ineffectiveness of BCI and State branches known to all lawyers except hapless litigants those who faces double whammy. Now it is high time for SC to take a note and setup Monitory body to keep a check on functioning and instill fear of punishment misdemeanor of professional misconduct which is completely absent.