Lawyers protesting against BCI chief ‘attacked’, court rejects plea for probe

The court said the lawyers had other remedies available and had not shown police inaction warranting an independent probe.

Several petitions have reached the Delhi HC seeking directions to the GAC to decide appeals against the blocking or suspension of social media accounts.Several petitions have reached the Delhi HC seeking directions to the GAC to decide appeals against the blocking or suspension of social media accounts. (File Photo)

The Delhi High Court on Monday dismissed a plea by lawyers seeking an independent probe into the alleged assault on advocates outside the Bar Council of India’s office in August and the role of BCI chairperson Manan Kumar Mishra in relation to the incident.

The plea alleged that lawyers were assaulted by unknown assailants outside the BCI’s office during a peaceful demonstration demanding Mishra’s resignation.

Justice Girish Kathpalia dismissed the plea primarily on the ground that they have alternate mechanisms of remedy available to them to address their grievance.

“No case has been set up by the petitioners to satisfy this court if the SHO concerned is guilty of negligence or inaction. Admittedly, till date no complaint has been lodged by the petitioners before the DCP concerned, what to say of approaching the magistrate concerned…. Not even whisper has been made in the petition as to why these are not considered efficacious remedies,” the court observed in its order.

Protest against Mishra

The demonstration came after Mishra’s directive to state bar councils — purportedly on behalf of the BCI — that NALSAR graduates not be enrolled with the respective Bars, after the graduates objected to Chief Justice of India Surya Kant attending their convocation.

The petitioner advocates alleged that during the protest, over two dozen men had beaten, slapped, thrashed and dragged the protesters on August 21.

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The next day, some of the protesting lawyers submitted a detailed written complaint to the SHO of IP Estate police station.

Subsequently, the protesting advocates also submitted a representation seeking action against the assault before the BCI as well as the Delhi High Court Bar Association, but no action was taken.

What the court said

The court noted that based on the complaint, “it appears that no cognizable offence at all is made out” and “at the most, it constitutes offence of causing hurt” which is a non-cognizable offence, which the magistrate court can act on.

While the petitioner-lawyers sought the court’s direction for an independent probe into the incident, alleging that the Delhi Police will not act fairly as Mishra is a sitting member of Parliament from the ruling dispensation (BJP), the court disapproved of this submission.

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“No basis has been submitted to buttress this apprehension. In the absence of any specific basis, it is not fair to tarnish the entire Delhi Police force in this manner, especially when petitioners’ own case fails to make out a cognizable offence… One should resist the temptation to discredit any government organisation by such general, sweeping and baseless allegations. For, it generates counterproductive cynicism and distrust in the mind of common man against the entire ecosystem,” the court recorded.

Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court Professional Profile Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express. Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare). Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others. She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020. With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram Recent Notable Articles (Late 2025) Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles: High-Profile Case Coverage She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots. She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy. Signature Style Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system. X (Twitter): @thanda_ghosh ... Read More

 

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