The Supreme Court has overturned a Karnataka High Court order which had directed the personal appearance of the Secretary and Joint Secretary of the Bar Council of India (BCI) in a matter concerning the BCI elections.
A bench comprising Justice B.R. Gavai and Justice A.G. Masih passed the ruling, noting:
“In the circumstances of the case, the High Court ought to have graciously accepted the apology and affidavit of the Secretary of the Bar Council, rather than summoning his presence from Delhi to Bangalore. In that view of the matter, the impugned order, insofar as it directs the presence of the Secretary and Joint Secretary of the BCI shall stand quashed and set aside.”
Read Alao:- SC Orders Delhi MCD to Launch Awareness Drive on Waste Generator Duties Under Solid Waste Management Rules
Although the Supreme Court dismissed a connected transfer petition, it clarified that the main writ petition pending before the Karnataka High Court should continue to proceed as per law.
The case stems from a writ petition filed before the Karnataka High Court by Senior Advocate S. Basavaraj. The petition sought directions to the Karnataka State Bar Council and the concerned Returning Officer to immediately hold elections for the posts of Chairman and Vice-Chairman.
After the court issued notice in the case, the Secretary of the BCI wrote a letter to the Registrar-General of the High Court, requesting 15 days’ time to consult with legal counsel and decide on further steps. The High Court, however, objected to the fact that such a communication was made directly to the Registrar-General.
In response, the BCI Secretary filed an affidavit withdrawing the letter and offering an unconditional apology. Still, the High Court summoned both the Secretary and Joint Secretary of the BCI, leading the Bar Council to approach the Supreme Court.
Read Also:- Kerala Tells Supreme Court: Tamil Nadu Governor Verdict Also Applies To Our Case On Withheld Bills
During the hearing, Justice Gavai observed:
“Why should the Court (High Court) be so touchy?”
Initially, this observation was also included in the written order. However, following a request made by Senior Advocate Dama Seshadri Naidu, appearing for the respondents, the word "touchy" was later removed from the final version of the order.
“The High Court should have accepted the Secretary’s apology and affidavit instead of acting touchy,” the Court had originally recorded, before amending the language.
Legal Representation in the Case:
- For the petitioner (BCI): Senior Advocate S. Prabakaran and Advocate-on-Record Radhika Gautam
- For the respondents: Senior Advocate Dama Seshadri Naidu
Case Title: BAR COUNCIL OF INDIA Versus S.BASAVARAJ AND ORS., SLP(C) No. 20647/2024
