New Delhi, Apr 1: The Bar Council of India has passed a resolution asking three Congress leaders and senior lawyers — Kapil Sibal, Abhishek Manu Singhvi and Vivek Tankha not to appear before the court of the Chief Justice of India (CJI), Dipak Misra. The resolution was passed on March 18 in wake of the opposition’s attempt to bring a motion in Rajya Sabha to remove Dipak Misra from the post of the CJI.
By passing the resolution, the Bar Council of India bars MPs and MLAs who are also practising advocates from appearing before “that Court or Judge,” whom they seek to impeach, reported DNA. Senior advocate Kapil Sibal, Abhishek Manu Singhvi and Vivek Tankha represent the Congress in the Rajya Sabha and the party may move to the Supreme Court if its bid to bring a motion against justice Misra failed in Parliament.
“The BCI has come to a final conclusion that we cannot stop or ban MPs from practising in courts, but there is an exception to it. Lawyer-MPs or -MLAs, if they start any motion for impeachment or a removal proceeding against any high court or Supreme Court judge, they will not be allowed to practise in that particular court. This is the majority view of the council,” BCI president Manan Mishra was quoted as saying.
The resolution was passed after replies from Kapil Sibal, Abhishek Manu Singhvi and Vivek Tankha. The Congress leaders, in their responses to a BCI notice, stated that the lawyers’ body had no jurisdiction to pass any order on this issue. The BCI will inform the Supreme Court about its decision on the next date of hearing on a plea filed by advocate and BJP leader Ashwini Kumar Upadhyay, seeking directives to bar MPs and MLAs from practising law.
“Our Parliament is supreme. The members have their privilege. We cannot make any comment on their privileges. But as lawyers, we can put the condition under which they can be allowed to practise or not. In order to prevent the misuse of the powers and privileges of a lawyer, not of an MP, we have put this condition that if any lawyer-MP starts any impeachment motion or participates in the impeachment motion, he cannot practise in that court,” Mishra said.