The Delhi High Court on Monday indicated that it shall stay a resolution of the Bar Council of India (BCI) by which it had ousted Shreenath Tripathi, the member representative of the Bar Council of Uttar Pradesh (BCUP) in BCI.
In a petition, Tripathi said he was removed as a member representative of BCUP in BCI by way of a resolution on April 28 “on unsubstantiated allegations” and by relying on a no-confidence resolution passed by BCUP against him on January 18.
Tripathi, through Senior Advocate Kapil Sibal, said that due process was not followed in his ouster, with no prior notice, inquiry, opportunity of hearing, or show cause notice, as is prescribed under the Bar Council’s rules and regulations.
While Additional Solicitor General Chetan Sharma, appearing for BCI, took a preliminary objection to the petition on the ground that a review is pending before a BCI committee, Justice Sachin Datta inquired orally, “Where is the resolution of BCI? And thereafter there has to be an inquiry…was the procedure followed or not? I’m concerned with that…I’m only here to test if the procedure is followed… Can I sanction wholesale disregard of procedure?” Read