Review Prashant Bhushan case: BCI to Delhi bar council

The Bar Council of India has asked the Bar Council of Delhi to examine the contempt case conviction and Re 1 fine imposed on Prashant Bhushan by the Supreme Court and take a decision on his role as a lawyer.

“Pursuant to the conviction in a criminal case, the Bar Council of India (BCI) can suspend the enrolment, if it so desires,” the judgment said in paragraph 89.

The Bar Council of India has now cited the top court’s judgment to ask the Bar Council of Delhi, where Bhushan is enrolled, to examine his tweets mentioned in the case and take action as per law.

“The BCI is of the view that the tweets and statements made by Prashant Bhushan and the judgment of the Supreme Court needs thorough study and examination… the General Council of the BCI has unanimously resolved to direct the Bar Council of Delhi, where Bhushan is enrolled as an advocate, to examine the matter and proceed as per law and decide the same as expeditiously as possible,” a statement issued by BCI stated.

The Bar Council of a state grants licence to a person to practise as a lawyer and has powers such as suspending or taking away the right of its members in certain situations.

Section 24A of the Advocates Act provides that a person shall not be admitted as an advocate on roll of the bar council of the concerned state if he/she is convicted of an offence involving moral turpitude. Section 35 of the Act lays down that if an advocate is found guilty of professional or other misconduct, such advocate can be suspended from practice for a limited period or their license can be cancelled altogether.

Bhushan was unavailable for comment.