Caught on the Wrong foot

The debarring of two high-profile lawyers by the Delhi High Court, in BMW Case, from appearing before it and its subordinate courts for criminal contempt rocked the Indian legal system. The District Bar Council protested against it by announcing a one-day srike. This suo-moto action of the Delhi High Court had many impications. It not only raised the issue of corruption in the legal fratenity which swears by the legal and the professional ethics. Further, the issue of judiciary exceeding its powers again cropped up. There has always been a thin line of distinction between judicial-activism and agressiveness. Though the high court has the the power of punishing for contemp of court under our civil as well as criminal procedures but the matters relating to practice y advocates are handled by the Bar-Councils only. Also the possibility of collusion with the witnesses to make them turn hostile and the role played by the advocates in analysing thevalue of the possible statement of witness and negotiating with them accordingly cropped up. The office of Bar-Councils is challenged if the courts start adjudicating with issues like this. The courts should avoid such decisions as this impacts the bar-bench relationships. There are other modes of punishing for contempt like this. Even if such a controvertial decision is to be taken, the consultation or the advice must be taken from the concerned Bar_Councils to maintain the dignity of the councils ehich have contributed alot in our legal system.