Bar Council stays Punjab Advocate General’s removal from HCBA

Chandigarh, Feb 1 (SocialNews.XYZ) The Bar Council of Punjab and Haryana on Monday stayed the removal of Punjab Advocate General Atul Nanda as a member by the High Court Bar Association (HCBA), terming it "extremely unfair, unjust, harsh, and uncalled for".

It also stayed the removal of some other members of the Bar, finding it "in derogation of the HCBA rules".

An emergency meeting of the Bar Council discussed at length the HCBA's decision removing Nanda as member through a resolution, and found the action to have been taken "in an arbitrary manner".

The meeting was called after the bar association removed as members all lawyers who appeared in court on Monday despite a strike call.

Earlier in the day, the association had passed a resolution removing Nanda on grounds that he had "continuously worked against physical opening of the court".

In clause 'E' of its resolution, it held that "Atul Nanda, Advocate General, Punjab, has continuously worked against the physical opening of the court and has acted against the interests of the Bar and is dismembered from the Punjab and Haryana High Court Bar Association".

The Bar Council, however, held that "the resolution 'E' is ex-facie illegal and passed in violation of the prescribed procedure in the relevant rules of the HCBA and as such the house unanimously resolves to stay the resolution 'E' of the HCBA that is part of resolution number 1988/2021 HCBA dated February 1 with immediate effect".

It reiterated unanimously that Nanda's conduct "has always been appreciable and exemplary, especially whenever the interest of advocates is involved".

Nanda himself expressed surprise at the "unilateral and arbitrary resolution" of the association, saying "the decision to commence physical hearing rests with the administrative committee of the high court and not with me".

He said the courts were closed for physical hearing keeping in the mind the Covid-19 threat, "which is far from over and the world is still battling the crises".

He further said he had given consent for physical appearance of the counsel for Punjab. Incidentally, the Supreme Court has also yet not opened for physical hearing.

The Bar Council, after elaborate discussion during its meeting, "resolved that on one hand, the council fully supports the resolution regarding opening of physical hearings and strongly stands with the High Court Bar Association on this" but "all the members were of the view that the decision taken by the HCBA, is extremely unfair, unjust, harsh and uncalled for".

The Bar Council members further noted that as recently as January 3, Nanda addressed the house consisting of all the Presidents and office bearers of all bar associations of Punjab, Haryana and Chandigarh at Law Bhawan in Chandigarh, where he had supported the resolution of the house for resumption of physical hearing of cases.

The Council also stayed the removal of some other Members, noting that it was "passed in complete derogation of the HCBA rules i.e Rule 10 (d) and Rule 11, as neither the proper notice for the meeting was given nor the minimum quorum, as required, for such meeting was complete".

"The disciplinary action against any member of the Bar cannot be taken without following the drill of relevant rules," the Bar Council resolution noted, adding "a specific agenda with due notice is required to be circulated if the conduct of a member of the HCBA is to be discussed in the house".

Angered over the non-resumption of physical hearing in the High Court that has been snapped since March last owing to the coronavirus pandemic, the HCBA, in an unprecedented decision, also unanimously announced to boycott the court of the Chief Justice and also sought his transfer.

Source: IANS