The Bar Council of India (BCI) has asked the Bar Council of Delhi to examine the conviction of advocate Prashant Bhushan by the Supreme Court in a contempt case for tweets against the judiciary, and the penalty of Rs 1 it levied and proceed as per law.
The state Bar Council grants a license to a person to practice as a lawyer and has powers to either suspend or take away this right of its members, under certain situations, under the Advocates Act. Bhushan is enrolled as an advocate under the Bar Council of Delhi.
The BCI resolution said: “The General Council of the Bar Council of India has unanimously resolved to direct the Bar Council of Delhi, where Prashant Bhushan is enrolled as an Advocate, to examine the matter and proceed as per law and rules to decide the same as expeditiously as possible.”
The BCI said it is of the view that the tweets and statements made by Bhushan and verdict of the apex court need thorough study and examination by the Bar Council in the light of statutory duties, powers and functions conferred on it under the Advocates Act, 1961. The decision was taken following a meeting held on Thursday.
The Supreme Court, imposing a token fine of Re 1 on Bhushan, said it was not afraid of either sentencing Bhushan or of debarring him from the practice.
A bench comprising Justices Arun Mishra (since retired), B.R. Gavai and Krishna Murari said: “We are not afraid of sentencing the contemnor either with imprisonment or from debarring him from the practice. His conduct reflects adamance and ego, which has no place to exist in the system of administration of justice and in noble profession, and no remorse is shown for the harm done to the institution to which he belongs.”
The bench insisted that it never attempted to coerce Bhushan to submit the apology, and instead clearly mentioned that time was given to submit an unconditional apology, “if he so desires”.