BCI issues notice to advocate

The Bar Council of India (BCI) today issued a show cause notice to senior advocate Dushyant Dave, a former president of the Supreme Court Bar Association, for making "derogatory comments" against Chief Justice of India Dipak Misra and for criticising the collegium system.

In a press release, the BCI contended that Dave's remarks were "reckless" and baseless and that his attack on the CJI smacked of personal vendetta against the CJI, which amounted to gross misconduct. The BCI has asked Dave to respond to the show cause within four weeks, after which it would take appropriate action.

However, the BCI also said that it "may" not agree with the Supreme Court collegium's decision to transfer Justice Jayant Patel of the Karnataka High Court, who has already resigned against the move, and may join hands with the Gujarat High Court Advocates Association in the legal proceedings.

Responding to the show cause notice, Dave said that he stood by his comments and opined that the BCI should have opposed CJI Misra's appointment.

Speaking to DNA, Dave reiterated the stand he took during a televised debate.

In a written statement, Dave suggested that his statements were true and that it was a matter of concern for all in the legal system and the nation and that conduct of judges should not go unchecked. Dave further submitted that he was concerned the Executive would be able to exploit the judge's vulnerability, especially in highly sensitive and political cases.

Earlier this week, Justice Jayant Patel from the Karnataka High Court resigned when he was transferred to Allahabad High Court instead of being elevated as the acting chief justice by virtue of being the next senior most.

Meanwhile, after the President accepted his resignation,with effect from September 25, the Centre today notified Justice Patel's resignation.