New Delhi : The contempt case against advocate Prashant Bhushan, initiated by the Supreme Court, is not yet over. Now his advocacy license may be canceled. While the Supreme Court convicted Prashant Bhushan with a fine of 1 rupee after conviction, on the other hand his license can now be suspended after this decision.
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.” The Bar Council of India, citing the Supreme Court’s decision, has asked the Delhi Bar Council to investigate Prashant Bhushan’s tweets and take action according to the law. Bhushan is enrolled as a lawyer in the Delhi Bar Council.
A statement issued by Bar Counsel of India said, “It is the opinion of Bar Counsel of India that a detailed study and investigation of tweets and statements made by Prashant Bhushan is required… The General Council of Bar Council of India unanimously decided that Delhi Bar Council, where Prashant Bhushan is nominated as a lawyer, should investigate the matter and take the decision as soon as possible in accordance with the law.’
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 offense involving a moral offense. 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 canceled altogether.
The Bar Council of India Rules also prescribe professional conduct and etiquette required by 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.