The Supreme Court of India, on Thursday, refrained from considering a petition filed by a group of lawyers who claimed to have been assaulted last month during a protest against the Bar Council of India (BCI) Chairman, Manan Kumar Mishra. The petition, which sought a Central Bureau of Investigation (CBI) inquiry into the incident, was directed by a Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana to be presented before the Delhi High Court instead.
Supreme Court’s Response
The Bench advised the petitioners to approach the High Court, emphasizing the importance of directing cases to the appropriate jurisdiction. “Let them approach the High Court. Otherwise, people may begin to feel that we are entertaining everything. We direct the Registry to return the original paper book to enable the petitioners to approach the jurisdictional High Court,” noted the Court.
During the proceedings, Justice Joymalya Bagchi remarked on the disciplined nature of the legal profession, suggesting that lawyers are expected to follow a strict code of conduct rather than engage in protests. “Lawyers cannot protest unless this Court’s rulings concerning their response to maladministration in the judicial system permit it. It is a disciplined community with a well-defined mechanism for redressal of grievances,” Justice Bagchi stated.
Details of the Alleged Assault
The incident, which took place on August 21, involved around 20 to 25 lawyers protesting at the BCI premises when they were allegedly assaulted by individuals identifying as lawyers. Advocate Prashant Bhushan, representing the petitioners, mentioned that CCTV footage captured the incident, emphasizing the urgency for preserving this evidence.
Bhushan reported that the protest was a response to Chairman Mishra’s controversial decision to bar NALSAR Hyderabad’s 2026 batch from enrollment, a decision that was subsequently reversed following widespread criticism. Bhushan further alleged that Mishra had incited the violence by derogatorily referring to the protesting lawyers as “legal cockroaches.”
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Legal Community’s Reaction
Advocate Bhushan argued that the Supreme Court should hear the case, given its ongoing involvement in other BCI-related matters. However, CJI Kant maintained that the issue was suitable for the High Court’s consideration, reinforcing the notion that legal professionals should utilize the existing grievance redressal mechanisms before resorting to protests. Justice Bagchi reiterated, “The law itself provides lawyers with a mechanism for raising grievances and gives them the opportunity to approach the appropriate forum.”
Ultimately, Bhushan agreed to withdraw the petition from the Supreme Court and indicated plans to approach the Delhi High Court, acknowledging the Court’s guidance. “Your Lordships may consider the circumstances in which these lawyers were protesting at the Bar Council. We will do whatever Your Lordships consider appropriate. If Your Lordships feel that we should approach the High Court, we will do so,” he stated.
