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SC seeks BCI response on practising lawyers in legislatures
New Delhi, March 12 (IANS) The Supreme Court on Monday sought the Bar Council of India’s (BCI) response on a plea seeking to debar lawyers from practising during the period they are members of Parliament or state assemblies.
A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud sought the response from the BCI — apex body for regulating the legal practitioners — as Attorney General K.K. Venugopal said that the same petitioner with similar prayer had moved the top court and same was dismissed last year.
He referred to March 31, 2017, order by which the bench of Chief Justice Jagdish Singh Khehar (since retired) and Justice D.Y. Chandrachud had dismissed the plea by Ashwini Kumar Upadhyay, holding: “The prayer made in this petition do not fall within the realms of our jurisdiction under Article 32 of the Constitution.”
The Attorney General also told the court that Parliament meets only for a limited period during a year and what would the lawmakers do when parliament is not in session.
He told the court that the Rajya Sabha members do not have a constituency to go and nurture and that entire country is their constituency.
Senior counsel V. Shekhar appearing for the advocate-petitioner tried to defend the present PIL, saying that the one filed in 2017 was different. As he tried to argue the matter, the court asked him to reserve it for a later date.
The top court had on February 16 sought the assistance of Attorney General K.K. Venugopal in the hearing of the plea by Upadhyay who has cited the Bar Council of India’s Rules that bar lawyers from practising during the period they are members of Parliament or a state assembly.
The petitioner had contended that the legislators who are also practising in the court were in a conflict of interest situation because as lawmakers, they are doing many things that have bearings on the functioning of the judiciary.
He had pointed to “serious conflict” of interest, contending that as parliamentarians, they (practising layers) have the power of voting on the impeachment of judges of the Supreme Court and the high courts, and such a situation “may allow the judges to feel beholden to them and to oblige them”.
Rule 49 in Chapter VI of the Bar Council Rules say: “An advocate shall not be a full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practise, and shall, on taking up any such employment, intimate the fact to the Bar Council on whose roll his name appears and shall thereupon cease to practise as an advocate so long as he continues in such employment.”
In a two-fold plea, Upadhyay seeking to oust the lawyers-cum-lawmakers from the practising, had alternately sought a declaration that Rule 49 is ultra vires the Constitution and its basic structure so as to permit all public servants to practise as advocates.
He had argued that the prevailing practice of legislators also appearing before the courts as lawyers is discriminatory to other public servants who are barred from simultaneously pursuing the legal profession and is violative of Article 14 of the Constitution guaranteeing equality before law.
“A salaried person and particularly a public servant cannot practice as an advocate, but legislators are practising which is violation of Article 14 of the Constitution. Legislators take fee from litigant and salary from the public exchequer, which is professional misconduct,” Upadhyay has said in his public interest plea.
–IANS
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Dr. Abhishek Verma Dedicates a Shelter in Memory of His Mother, Veena Verma, at KGMU; Inaugurated by Daughter Nicolle Verma
World-renowned business tycoon Dr. Abhishek Verma has supported Foodman Vishal Singh’s Hunger-Free World mission. In memory of his mother, Late Veena Verma, who was a 3 term Rajya Sabha MP.
Dr. Verma dedicated a state-of-the-art free permanent shelter for the attendants of patients at KGMU Medical University, Lucknow, under the aegis of Vijay Shree Foundation. His daughter, Nicolle Verma, inaugurated the shelter.
During the event, Foodman Vishal Singh honored Nicolle Verma by presenting her with a memento. Mrs. Nidhi Sharma and Avantika Yadav, associated with the organization, welcomed her with garlands. Following this, Nicolle Verma distributed essential items to the attendants and also handed out fruits. She became emotional remembering her grandmother on her birth anniversary.
On this occasion, she also inaugurated the “Veena Verma Sevalaya” in memory of her grandmother, Veena Verma, to serve the attendants. She expressed, “I feel proud that my family is engaged in nation-building as well as social service. Today, in collaboration with Vijay Shree Foundation founder Foodman Vishal Singh Ji, I feel immensely proud to dedicate this shelter for the poor, helpless, and needy attendants of patients battling serious illnesses like cancer. I am honored to be associated with the Hunger-Free World Mission for humanity.”
Inspired by the continuous humanitarian service provided by Vijay Shree Foundation over the past 17 years, Nicolle Verma donated 10 lakh rupees to support the cause. The purpose of this donation is to ensure that services continue for the needy attendants of patients suffering from severe illnesses in hospitals, as facilitated by Foodman Vishal Singh.
It is noteworthy that Dr. Abhishek Verma’s family has a legacy of public and philanthropic service. They are helping millions to carry forward the values and service work of their parents. On the occasion of his mother’s birth anniversary, Dr. Abhishek Verma dedicated this state-of-the-art permanent shelter at Lucknow Medical College to serve the attendants of patients through the Vijay Shree Foundation.
Supporting Foodman Vishal Singh’s Hunger-Free World mission, Dr. Abhishek Verma assured that he would continually support keeping this flame of humanity alive. He also promised to assist in providing medicines to the helpless patients.
Continuing her grandmother’s legacy of service, Nicolle Verma personally served food to the needy patients and attendants. She said, “It is our good fortune to have received the joy of doing this noble work today through Foodman Vishal Singh. I have taken another step forward in carrying my family’s values and cooperation by joining hands with the Vijay Shree Foundation. My father taught me to serve and help the needy, and I feel happy when I bring a smile to someone’s face.”
On the birth anniversary of the late Veena Verma, the event organizer, Vijay Shree Foundation founder Foodman Vishal Singh, said, “We feel proud and happy that Dr. Abhishek Verma, a globally renowned business tycoon, has extended his support to uplift our country from the hunger index. Today, on his mother’s birth anniversary, he inaugurated a state-of-the-art permanent shelter at Lucknow Medical College, which will always be helpful for the needy attendants of patients. It is a pleasure for me and the organization to receive the affection of Mr. Verma.”
The event was attended by General Manager Verma Family Office Hemant Garg, Sonu Rajput, and the organization’s volunteers, including Sandeep Singh, Parmeshwar Ji, Prashant Rao Gautam, Balram Singh, Ramesh Chaudhary, Suman, Jeetu, Anil, Suraj, Vinay, Manish Bhadauria, Manas Mehrotra, Vivek, Apurv, Happy, and others.
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