Bar Council of India Removes 107 Fake Advocates from Delhi Roll to Uphold Legal Integrity

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Bar Council of India Removes 107 Fake Advocates from  Delhi Roll to Uphold Legal Integrity The Bar Council of India (BCI) has taken decisive action in a sweeping initiative aimed at maintaining the integrity of the legal profession by removing 107 fake advocates  from the Roll of Advocates in Delhi  between 2019 and October 2024. This step comes as part of the BCI's rigorous verification process to ensure that only qualified, genuinely practising advocates remain in the profession, ultimately upholding public trust in the legal system. Strengthened Verification Framework Under Rule 32 This effort falls under Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 . The BCI  amended Rule 32 on June 23, 2023 , which empowered the BCI to verify, identify, and systematically remove unqualified and fake advocates from the Roll. The rule amendment has made the process of weeding out non-compliant individuals significantly more efficient. Accordi
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Plea in Supreme Court Against Newly Amended Criminal Law Bills

Plea in SC Against Newly Amended Criminal Law Bills



A public interest litigation (PIL) has been moved in the Supreme Court against the newly amended criminal law bills: Bharatiya Nyaya Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, and Bharatiya Nagarik Suraksha (Second) Sanhita, 2023. The petitioners, Anjali Patel and Chhaya, represented by advocates Sanjeev Malhotra and Kunwar Siddhartha, seek to challenge the viability and implementation of these laws.


Petitioners' Concerns and Demands


The petitioners have urged the Supreme Court to issue a notice to immediately constitute an expert committee to assess and identify the viability of the three new amended criminal laws. The plea seeks to overhaul the criminal laws of the country and replace the Indian Penal Code 1860, Code of Criminal Procedure, and Indian Evidence Act, 1872. The petition has also sought to stay the operation and implementation of these new laws.


Alleged Defects in the New Bills


According to the plea, the proposed bills suffer from many defects and discrepancies. The petitioners argue that these new bills were withdrawn and reintroduced with some changes, passed by the Parliament on December 21, 2023, and published in the Gazette Notification on December 25, 2023. The petitioners contend that the process of passing these bills was irregular, citing the suspension of many Members of Parliament and the lack of sufficient debate and challenges to the elements of the bills.


The petitioners have pointed out that the Bharatiya Nyaya Sanhita retains most offences from the Indian Penal Code, 1860, while adding community service as a form of punishment. Notably, sedition is no longer an offence, replaced by a new offence for acts endangering the sovereignty, unity, and integrity of India. The new laws also add terrorism and organized crime as offences, with stringent penalties.


Concerns Over Police Custody Provisions


One of the major concerns highlighted by the petitioners is the provision allowing up to 15 days of police custody, which can be authorized in parts during the initial 40 or 60 days of the 60 or 90 days period of judicial custody. The petitioners argue that this may lead to the denial of bail for the entire period if the police have not exhausted the 15 days custody.


Public Interest Litigation (PIL)


Public Interest Litigation (PIL) is a legal mechanism that allows individuals or groups to file petitions in the courts for the protection of public interest. It aims to provide justice to those who are unable to approach the courts themselves due to economic or social constraints. PIL is a powerful tool in India for enforcing the rights of the public and ensuring that the government and public authorities fulfill their duties.


Constitutional Provision for PIL


The concept of PIL is rooted in the Constitution of India, particularly in Article 32 and Article 226. Article 32 provides the right to constitutional remedies, allowing individuals to approach the Supreme Court for the enforcement of fundamental rights. Article 226 empowers the High Courts to issue directions, orders, or writs for the enforcement of fundamental rights and other legal rights. PIL has evolved through judicial activism, with the courts expanding the scope of these articles to include cases where public interest is at stake.


Conclusion


The PIL filed by Anjali Patel and Chhaya against the newly amended criminal law bills raises significant concerns about the process and content of these laws. The Supreme Court's decision on this matter will be crucial in determining the future of these legislative changes and ensuring that the rule of law is upheld in the country.

Location: Pune, Maharashtra, India

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