Delhi High Court - Orders
Nitin Kumar Advocate vs Bar Council Of Delhi & Ors on 17 December, 2024
Author: Yashwant Varma
Bench: Yashwant Varma, Rekha Palli, C. Hari Shankar
$~1 -3 (FB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4756/2023
NITIN KUMAR ADVOCATE .....Petitioner
Through: Appearance not given.
versus
BAR COUNCIL OF DELHI & ORS. .....Respondents
Through: Mr. T. Singhdev, Mr.
Tanishque Srivastava, Mr.
Abhijit Chakravarty, Mr. Bhanu
Gulati, Mr. Aneem Hussain,
Mr. Sourabh Kumar & Ms.
Yamini Singh, Advs. for BCD.
Mr. Ajay Kumar Aggarwal,
Adv. for BCD.
Mr. Kirti Uppal, Sr. Advocate
with Mr. Harsh Kumar,
Advocate for DHCBA
Mr. Mohit Mathur, Mr. Jatan
Singh, Mr. Sandeep Sharma,
Mr. Amit Chadha, Mr. Sanjay
Dewan, Sr. Advs. with Mr.
Naginder Benipal, Mr. Shyam
Sharma, Ms. Bandana Kaur
Grover, Mr. Dhan Mohan, Mr.
Rajat Manchanda, Mr.
Siddharth Tripathy and Mr.
Sumit Misra for DHC Bar
Association.
Mr. Ajit Kakkar, Advocate,
Secretary, AFTBA
Mr. Chaman Kumar Gupta,
President, DTBA with
Mr.Kundan Lal Gupta, Joint
Secretary with Mr. Manish
Gupta and Mr. Karan Sharma,
Advocates for DTBA
Mr. Sanjay Sharma and Dr.
W.P.(C) 4756/2023 Page 1 of 7
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 19/12/2024 at 22:22:18
Rakesh Kumar, Advs. for
STBA
2
+ W.P.(C) 10363/2021
LALIT SHARMA AND ORS. .....Petitioner
Through: Mr. Avnish Rana and Mr. Dhir
Singh Kasana, Advs.
versus
UNION OF INDIA AND ORS. .....Respondents
Through: Mr. Ruchir Mishra, Mr.
Mukesh Kr. Tiwari, Ms.
Harshita Sharma & Ms. Reba
Jena Mishra, Advs. for R-1.
Mr. Abhigyan Siddhant, GP
with Mr. Rohit Kumar, Adv. for
DHC.
Mr. Mohit Mathur, Mr. Jatan
Singh, Mr. Sandeep Sharma,
Mr. Amit Chadha, Mr. Sanjay
Dewan, Sr. Advs. with Mr.
Naginder Benipal, Mr. Shyam
Sharma, Ms. Bandana Kaur
Grover, Mr. Dhan Mohan, Mr.
Rajat Manchanda, Mr.
Siddharth Tripathy and Mr.
Sumit Misra for DHC Bar
Association.
Mr. T. Singhdev, Mr.
Tanishque Srivastava, Mr.
Abhijit Chakravarty, Mr. Bhanu
Gulati, Mr. Aneem Hussain,
Mr. Sourabh Kumar & Ms.
Yamini Singh, Advs. for BCD.
Mr. Ajay Kumar Aggarwal,
Adv. for BCD.
Mr. Sanjay Jain, Sr. Advocate
with Mr. Piyush Beriwal, Mr.
Kushagra K. Kansal, Mr.
Neeraj, Mr. Vedansh Anand,
W.P.(C) 4756/2023 Page 2 of 7
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 19/12/2024 at 22:22:18
Mr. Yash Tyagi, Mr. Satya
Ranjan Swain, Mr. Sandip
Munian, Mr. Soumyadip
Chakraborty, Mr. Sachin
Saraswat, Mr. Rudra Paliwal,
Mr. Sanjay Pal, Mr. Ankush
Kapoor, Mr. Puneet Dhawan,
Mr. Virender Khitoliya, Mr.
Rajiv Tehlan, Mr. Pankaj Rai,
Mr. Bipin Dubey and Mr. Ravi
Chauhan, Advs. for applicant in
CM No. 61310/2024.
Mr. Amit Nahata & Mr. Ajay
Bansal, Advs. along with Mr.
Ravi Gupta (applicant in
person) for applicant in CM No.
73104/2024.
Mr. Kirti Uppal, Sr. Advocate
with Mr. Harsh Kumar,
Advocate for DHCBA
Mr. Ajit Kakkar, Advocate,
Secretary, AFTBA
Mr. Chaman Kumar Gupta,
President, DTBA with
Mr.Kundan Lal Gupta, Joint
Secretary with Mr. Manish
Gupta and Mr. Karan Sharma,
Advocates for DTBA
3
+ W.P.(C) 11975/2019
ROUSE AVENUE BAR ASSOCIATION .....Petitioner
Through: Appearance not given
versus
THE BAR COUNCIL OF DELHI & ORS. .....Respondents
Through: Mr. T. Singhdev, Mr.
Tanishque Srivastava, Mr.
Abhijit Chakravarty, Mr. Bhanu
Gulati, Mr. Aneem Hussain,
Mr. Sourabh Kumar & Ms.
W.P.(C) 4756/2023 Page 3 of 7
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 19/12/2024 at 22:22:19
Yamini Singh, Advs. for BCD.
Mr. Ajay Kumar Aggarwal,
Adv. for BCD.
Mr. Kirti Uppal, Sr. Advocate
with Mr. Harsh Kumar,
Advocate for DHCBA
Mr. Mohit Mathur, Mr. Jatan
Singh, Mr. Sandeep Sharma,
Mr. Amit Chadha, Mr. Sanjay
Dewan, Sr. Advs. with Mr.
Naginder Benipal, Mr. Shyam
Sharma, Ms. Bandana Kaur
Grover, Mr. Dhan Mohan, Mr.
Rajat Manchanda, Mr.
Siddharth Tripathy and Mr.
Sumit Misra for DHC Bar
Association.
Mr. Ajit Kakkar, Advocate,
Secretary, AFTBA
Mr. Chaman Kumar Gupta,
President, DTBA with
Mr.Kundan Lal Gupta, Joint
Secretary with Mr. Manish
Gupta and Mr. Karan Sharma,
Advocates for DTBA
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MS. JUSTICE REKHA PALLI
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 17.12.2024 CM APPL. 63390/2024 (Ex.) in W.P.(C) 10363/2021 Allowed, subject to all just exceptions.
The application is disposed of.
CM APPL. 71629/2024 (Impleadment) & CM APPL. 71630/2024 (Quashing of Letter D. 25-11-2024) in W.P.(C) 4756/2023 CM APPL. 61310/2024 (Direction), CM APPL. 63389/2024 (Direction), CM APPL. 70445/2024 (Direction), CM APPL.
W.P.(C) 4756/2023 Page 4 of 7This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2024 at 22:22:19 73104/2024 (Direction) in W.P.(C) 10363/2021 CM APPL. 57602/2024 (Direction) in W.P.(C) 11975/2019
1. We have been shown a chart which collates the data and indicates the pendency of work relating to scrutiny of applications and other processes at Levels 2 and 3.
2. From the disclosures so made, we find that the pendency of applications at Level 2 stands at 4989 while that at Level 3 is pegged at 2738. We are further informed that as many as 4445 objections in respect of the Level 2 scrutiny and 201 objections insofar as Level 3 is concerned, have been received.
3. We also take note of the order of the Supreme Court passed in Re: Strengthening and Enhancing the Institutional Strength of Bar Associations 1 on 11 December 2024 and where the following clarification has been rendered: -
"1. These applications are moved by Mr. K.S. Dhaliwal, an advocate who is practicing in the Punjab and Haryana High Court. According to him, the elections of the Punjab and Haryana High Court Bar Association are not being held despite the fact that the one year tenure is over, on the ground that the instant petition re:
Strengthening and Enhancing the Institutional Strength of Bar Associations is pending before this Court.
2. It is clarified that there is no interim stay passed by this Court against holding of elections of the High Courts or District Courts Bar Associations, and the same shall be held strictly in accordance with their respective constitution/bye-laws and rules.
3. The Interlocutory Applications are, accordingly, disposed of.
4. List the main case on 22.01.2025.
5. To be taken up at 2.00 P.M. SLP(C) No.3932/2024 & SLP(C)No.4067/2024
1. List on 22.01.2025.
2. To be taken up at 2.00 P.M. W.P.(C) No. 697/2024 1 SLP(C) 3950/2024 W.P.(C) 4756/2023 Page 5 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2024 at 22:22:19
1. Issue notice, returnable on 22.01.2025.
2. Ms. Radhika Gautam, learned counsel, accepts notice on behalf of respondent No.1-Bar Council of India.
3. Mr. Jasbir Singh Malik, learned counsel, accepts notice on behalf of respondent No.2-Bar Council of Punjab and Haryana.
4. Let notice be issued to the learned Solicitor General of India to represent respondent No.3-Ministry of Law and Justice.
5. Reply, if any, be filed within four weeks.
6. To be taken up at 2.00 P.M."
4. In view of the aforesaid, we direct all concerned authorities connected with the conclusion of formalities pertaining to the Delhi High Court Bar Association 2 election to proceed with due expedition and ensure that all processes including disposal of objections are completed forthwith and in accordance with law. We direct all authorities connected with the scrutiny process of the DHCBA to ensure that all steps are taken and completed on or before 10 January 2025.
5. We further direct the competent authorities to ensure that the Election Commission which is to be constituted follows immediately upon closure of the scrutiny process.
6. The elections to all Bar Associations in Delhi shall consequently now be held on 07 February 2025, subject to any legal restraint or impediment impeding that process. The aforesaid date for holding of final elections has been decided after taking into consideration submissions made by counsels appearing for respective sides as well as bearing in mind the various preparatory steps that are liable to be taken for purposes of holding of elections with due expedition.
2DHCBA W.P.(C) 4756/2023 Page 6 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2024 at 22:22:19
7. The date of 07 February 2025 has been fixed with the consent of respective sides and parties present before us.
8. These applications shall stand disposed of.
YASHWANT VARMA, J.
REKHA PALLI, J.
C. HARI SHANKAR, J.
DECEMBER 17, 2024/DR W.P.(C) 4756/2023 Page 7 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2024 at 22:22:19