News By/Courtesy: Arnav Kaushik | 05 Sep 2020 15:35pm IST

HIGHLIGHTS

  • Prashant Bhushan guilty of contempt of court
  • Supreme Court convicted Prashant Bhushan with a fine of one rupee
  • Bar Council of India (BCI) can suspend the nomination of Prashant Bhushan in contemt of court

The results of the criminal contempt case initiated by the Supreme Court against advocate Prashant Bhushan are yet to be concluded. Now his advocacy license may fall on top. On the one hand, while the Supreme Court convicted Prashant Bhushan with a fine of one rupee, on the other hand, after this decision, his license can now be suspended.

Paragraph 89 of the judgment states that "After being convicted in a criminal case, the Bar Council of India (BCI) can suspend the nomination if it wants." It has asked Delhi Bar Council to investigate Prashant Bhushan's tweets and take action as per law. Bhushan is enrolled as a lawyer in the Delhi Bar Council.

Section 24A of the Advocates Act provides that a person shall not be admitted as an advocate on the rolls of the Bar Council of the State concerned if he is guilty of an offence involving a moral offence. Section 35 of the Act states that if an advocate is found guilty of professional or other misconduct, such advocate may be suspended from practice for a limited period or his license may be revoked altogether.

The Bar Council of India Rules also prescribes professional conduct and etiquette to require a lawyer towards the court. In view of these provisions, the Bar Council of India said that Bhushan's tweet should be investigated.

However, Prashant Bhushan's comment on this matter has not been received. 

 
This article does not intend to hurt the sentiments of any individual, community, sect, or religion, etcetera. This article is based purely on the author’s personal opinion and views in the exercise of the Fundamental Rights guaranteed under Article 19(1)(A) and other related laws being enforced in India for the time being.

Section Editor: Pushpit Singh | 05 Sep 2020 18:02pm IST


Tags : #prashantbhushan #contemptofcourt #Supremecourt

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