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Munger: Former President Munger District Bar Association (DBA) Amar Sinha has challenged the present rules and forms of Bar Council of India(BCI), circulated to all the district bar associations including Munger, through a writ petition.
Petitioner Sinha on Friday said the move followed as the Chairman, Bar council of India(BCI), in view of the anxiety of the Supreme Court to weed out fake persons acting as lawyers, has started a list of practicing and non-practicing advocates whose fate would be in the hands of general secretary/president of the association, who could be against a section of lawyers who have not voted for them in the election of the association. Sinha has mentioned, in his petition, that the move of the BCI was against the provisions of the Advocate Acts,1961.
The BCI, in the process of verification, has issued a Form to be filled up by only practicing lawyers along with photo copies of at least five vakalatnamas filed in the judicial courts signed by them. The Munger district bar association, in compliance of the BCI directive, has prepared a list of practicing and non -practicing lawyers which has caused great resentment among a large number of lawyers. The writ petition, filed recently, says the said the BCI Form has not been notified in the gazette, and as such was violation of the aforesaid Act. The petitioner has laid stress that “all the persons enrolled as advocates in the state are legal practitioners and powers to remove names from the roll under section 26A of the Act rests with the state Bar Council alone.