DELHI HC ISSUES NOTICE IN ADV PRASHANT BHUSHAN PLEA CHALLENGING A RULE BARRING LAWYERS FROM APPEARING FOR THE ORGANIZATION THEY ARE PART OF

16th March 2021

The Delhi HC issued notice and sought a response to the Bar Council of India and Bar Council of Delhi in Adv Prashant Bhushan's petition challenging Rule 8 of the Standard of Professional Conduct and Etiquette by the BCI. Adv Prashant challenged the Rule that prevents lawyers from appearing in public interest cases on behalf of organizations where they happen to be office bearers or members of the executive committee.

Besides challenging the above Rule, he also sought to quash a complaint filed against him by Major SK Punia (retired) before the BCI allegedly violated Rule 8. As per the complaint, Adv Bhushan appeared on behalf of the organization, such as the centre for PIL, common cause, and swaraj Abhiyan, despite being a member of the executive committee of these organizations.

Bhushan argued the interpretation of the Rule would be arbitrary and unconstitutional. There is absolutely no rational justification for the rule which bars an organization from representing their case by any of their own executive members. That rule is also discriminatory as it exempts lawyers appearing as amicus curiae.

Author: Papiha Ghoshal

PC: GOA Chronicle