Supreme Court Sets Aside Karnataka HC Order Which Directed Personal Presence Of BCI Secretary, Jt. Secretary

The Supreme Court today set aside an order of the Karnataka High Court directing personal presence of the Secretary and Joint Secretary of the Bar Council of India before it.

A bench of Justices BR Gavai and AG Masih passed the order, stating,

"In the circumstances of the case, the High Court ought to have graciously accepted the apology and affidavit of the Secretary of the Bar Council, rather than summoning his presence from Delhi to Bangalore. In that view of the matter, the impugned order, insofar as it directs the presence of the Secretary and Joint Secretary of the BCI shall stand quashed and set aside."

While a connected transfer petition was dismissed, the Court further observed that the writ petition pending before the High Court shall proceed in accordance with law.

The proceedings arose out of a writ petition filed by Senior Advocate S Basavaraj before the Karnataka High Court seeking inter-alia a direction to Karnataka State Bar Council and the concerned Returning Officer to forthwith conduct elections for the post of Chairman and Vice-Chairman.

In the said matter, upon issuance of notice, BCI Secretary addressed a letter to the Registrar-General of the High Court requesting for time of 15 days to discuss the matter with a counsel and decide further course of action. However, the High Court took exception to the fact that the letter was addressed to the RG.

Immediately after, the Secretary filed an affidavit withdrawing the said letter and tendering unconditional apology. However, the High Court summoned the deponents of the affidavit - the Secretary and Joint Secretary of BCI. In this backdrop, BCI approached the Supreme Court.

Perusing the facts of the case, Justice Gavai remarked during the hearing, "why should the Court (High Court) be so touchy?". In the order as well, it was initially recorded that the High Court should have accepted the Secretary's apology and affidavit, instead of acting "touchy". However, at the request of Senior Advocate Dama Seshadri Naidu (for respondents), the reference to the word "touchy" was later removed.

Appearance: Senior Advocate S Prabakaran and AoR Radhika Gautam (for petitioner-BCI); Senior Advocate Dama Seshadri Naidu (for respondents)

Case Title: BAR COUNCIL OF INDIA Versus S.BASAVARAJ AND ORS., SLP(C) No. 20647/2024 

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