Bar Association defends letter to Chief Justice, terms Bar Council notice ‘without jurisdiction’

“The Hon’ble Bar Council does not possess any authority or jurisdiction to intervene in or regulate the internal affairs and functioning of our Bar Association,” the letter stated. It argued that the Advocates Act, 1961, conferred no such power on the Council, whose jurisdiction extended only to issues of professional misconduct by individual advocates.

The controversy arose after the Association, through its secretary, wrote to Chief Justice Nagu on October 24 conveying appreciation for the “successful culmination” of the long-pending process of designating senior advocates. The Bar Council had subsequently sought an explanation, questioning whether the letter had been sent in the secretary’s personal capacity.

The Association’s reply clarified that the letter was a collective decision: “The said communication was made only after due discussion ensuring that the same reflected the considered view of the Association as a whole.”

Reiterating that maintaining cordial relations between the Bar and Bench was among its key objectives, the Association said the message to the Chief Justice was “in furtherance of the long-standing tradition of mutual respect and cooperation.”

Significantly, the Association informed the Council that its Executive Committee, in a meeting held on October 29, had unanimously ratified the communication, observing that it had been issued “after due deliberation and consideration of all relevant aspects.”

The reply concluded by urging the Council to withdraw or file the notice, terming it “without jurisdiction as the functioning of any Bar Association is clearly outside the purview of this Hon’ble Council.”