With members of the legal fraternity creating controversies, of late, by their acts of criticism of the judiciary, courts and judges among others, the Bar Council of India (BCI) has amended its Rules stipulating that any statement made by a lawyer which is indecent or derogatory, defamatory, motivated, malicious or mischievous against any court, judge, State Bar Council or the BCI, would be a ground for suspension or cancellation of licence to practise law.
The new notification says that any derogatory or defamatory comment of advocate published in print, electronic, social media would invite violation and action by the BCI.
Two new provisions have been inserted in this regard in the BCI Rules.
“An Advocate shall conduct himself/herself as a gentleman/gentle lady in his/her day to day life and he/she shall not do any unlawful act, he/she shall not make any statement in the Print, Electronic or Social Media, which is indecent or derogatory, defamatory or motivated, malicious or mischievous against any Court or Judge or any member of Judiciary, or against State Bar Council or Bar Council of India,” said the new rule.
“Any such act/conduct shall amount to misconduct and such Advocates would be liable to be proceeded with under Sections 35 or 36 of the Advocates’ Act, 1961,” it said.
Section 35 prescribes punishment for misconduct which can be suspension from practice or disqualification. Any willful violation, disregard or defiance of any resolution or order of the State Bar Council or Bar Council of India will also be construed as misconduct, the amendment further said.
The second provision inserted was Section VA. It lays down that no member of any State Bar Council or of Bar Council of India shall be permitted to publish anything or to make any statement or press-release in print, electronic or social media against any resolution or order of concerned State Bar Council or Bar Council of India or to make/use any derogatory or abusive language/comment/s/ word/s against the Bar Council or its office-bearers or members. Violation of the same would also result in suspension or disqualification.
As per the four-page Gazette of India published on Saturday, criticising or attacking any decision of any State Bar Council or Bar Council of India on public domain will also amount to “misconduct”, which could attract disqualification or suspension.