India: “Total Restriction On Lawyers’ Free Speech”: Plea in Kerala High Court Challenges New Bar Council Rules Which Make Criticism Of Its Decisions Ground for Disqualification

28/06/21

A petition has been filed before the Kerala High Court by Advocate Rajesh Vijayan, a member of the Kerala Bar Council seeking a declaration that the recently inserted Sections V and V-A of Chapter II of Part VI of the Bar Council of India Rules are unconstitutional and violative of Articles 14, 19 (1) (a), and 21.

The Bar Council of India had recently published a notification dated 25th June 2021 adding Sections V and V-A to Chapter-II, Part VI of the Rules according to which the decision of any State Bar Council or Bar Council of India shall not be criticized or attacked by any Member/s of Bar Council in public domain. The Writ Petition was filed aggrieved by the addition of these provisions, which has the effect of, inter alia, prohibiting criticism and dissent against the Bar Council of India and other Bar Councils, and demanding unquestioning acceptance of all decisions taken by them.

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https://www.livelaw.in/top-stories/plea-in-kerala-hc-challenges-new-bar-council-rules-critizism-decisions-ground-for-disqualification-176412

https://www.barandbench.com/news/new-bci-rules-violative-right-to-free-speech-advocates-petition-kerala-high-court

Latest Amendment in Bar Council Rules Challenged; Plea Says Rule Violates Free Speech

New Bar Council rules warn lawyers against making “malicious”, “defamatory”, “motivated” statements against its members and judiciary; say it amounts to misconduct

https://www.indialegallive.com/top-news-of-the-day/news/judicial-activism/

http://www.barcouncilkerala.org/

A petition has been filed before the Kerala High Court by Advocate Rajesh Vijayan, a member of the Kerala Bar Council seeking a declaration that the recently inserted Sections V and V-A of Chapter II of Part VI of the Bar Council of India Rules..
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— Live Law (@LiveLawIndia) June 28, 2021

Tagged: India