New Delhi, 14 August

Chief Justice of India (CJI) Justice Surya Kant has expressed strong displeasure over a circular issued by the Bar Council of India (BCI) seeking to prevent the enrolment of final-year law students of the National Academy of Legal Studies and Research (NALSAR), Hyderabad. Justice Surya Kant said the BCI's stance was completely misplaced and questioned its authority to intervene in the matter.

“This is a matter between the law students and me. Who is the BCI to raise this issue? This is completely wrong,” the CJI observed.

Justice Surya Kant said that he had also been actively involved in student activities during his own student years. Even if the students were considered to be in the wrong, he said, they had the right to protest.

“The BCI has nothing to do with this,” the CJI said.

In its order, the Supreme Court directed that no punitive action should be taken against any student or faculty member of any National Law University or law university. The court also issued notice to the BCI and directed it to file an affidavit explaining its position.

On August 13, the BCI had issued a circular signed by its Chairman, Manan Kumar Mishra, directing that students who had opposed the CJI's participation in the convocation ceremony organised for final-year NALSAR students should not be enrolled as advocates.

The circular, signed by Mishra, triggered widespread criticism. The Kerala Bar Council and BCI member N. Manoj Kumar expressed their opposition and wrote to Mishra. Lawyers' organisations, including the All India Lawyers Union (AILU) and the Supreme Court Bar Association (SCBA), also criticised the circular and demanded its withdrawal.

Amid mounting opposition, Mishra withdrew the earlier directive on August 13 itself that sought to prevent the students from being enrolled as advocates. A petition challenging the episode has now been filed before the Supreme Court.

The CJI described Mishra's move as unnecessary and questioned the rationale behind the BCI's intervention in the matter.

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Hindusthan Samachar / Jun Sarkar