Bar Council of India (BCI) co-chairman and senior advocate YR Sadasiva Reddy has demanded the immediate resignation of BCI Chairman Manan Kumar Mishra, alleging irregularities in appointments to the Council, diversion of funds and a lack of transparency in its functioning.
In a letter dated August 22 addressed to Mishra, Reddy sought his resignation and called for an independent inquiry into the allegations. He also demanded a special meeting of the BCI to consider the issues raised in the notice.
“I address this communication to you not as an adversary, but as an elected member of the Bar Council of India, presently holding the office of co-chairman, and as a member of this profession for over three decades,” Reddy said in the letter, shared by Live Law.
Deep Dive
What specific allegations has YR Sadasiva Reddy made against Manan Mishra regarding appointments at the BCI?
Why does Reddy believe that an independent audit of the BCI's accounts is necessary?
How has Manan Mishra responded to the calls for his resignation?
The demand comes amid the recent controversy over Mishra's decision to refuse enrolment to the graduating batch of NALSAR University of Law following a row over the reported objection of students to having Chief Justice of India Surya Kant attend their convocation. Lawyer bodies subsequently demanded Mishra's removal, while lawyers also held protests outside the BCI office. The Cockroach Janta Party had also joined the protests, seeking his resignation.
{{/usCountry}}The demand comes amid the recent controversy over Mishra's decision to refuse enrolment to the graduating batch of NALSAR University of Law following a row over the reported objection of students to having Chief Justice of India Surya Kant attend their convocation. Lawyer bodies subsequently demanded Mishra's removal, while lawyers also held protests outside the BCI office. The Cockroach Janta Party had also joined the protests, seeking his resignation.
{{/usCountry}}He said he was writing after “long reflection” and felt that remaining silent would amount to a failure of the trust placed in him by advocates.
Allegation of family-linked appointments
One of the key allegations raised by Reddy concerns appointments to the BCI's establishment. He alleged that staff appointments were made without a transparent recruitment process and claimed that several employees are personally connected to Mishra.
“Appointments to the establishment of the Council made without any transparent process of recruitment,” Reddy said, listing it as the first ground for seeking Mishra's resignation.
According to Reddy, he did not previously question the process because he had no reason to believe it was otherwise.
However, after examining the current staff list and the details of employees, Reddy alleged that he found “a pattern that no responsible Member can overlook”.
“A striking proportion of the staff are persons connected to you personally, several of them being members of, or related to, your own family,” the letter shared by Live Law alleged.
Reddy further claimed that he could not find any record placed before the BCI showing an advertisement, selection committee proceedings or comparative merit list to justify the appointments.
BCI funds and powers
Reddy also questioned the manner in which the BCI's financial and regulatory powers are being exercised.
“The Bar Council of India is not the personal estate of any individual,” he said, stressing that the body is a statutory institution constituted under the Advocates Act, 1961.
He said the Council holds funds contributed by lakhs of advocates and exercises regulatory powers over the entry of young lawyers into the profession. “Every rupee it holds is held in trust,” Reddy said.
According to him, the powers exercised by the BCI are conferred by Parliament for the benefit of the legal profession and not for the benefit of the person occupying the chair.
Reddy said his assessment was based on what he had personally witnessed during BCI meetings. He alleged that under Mishra's chairmanship, the Council had “drifted very far” from the standards expected of a statutory body.
Demand for special audit
As part of his demands, Reddy called for a special audit of the accounts of the BCI and BCI Trust PEARL-First from the date of their registration.
He sought an independent audit by a firm empanelled with the Comptroller and Auditor General of India and demanded that the report be circulated among all BCI members and published.
He also called for an immediate direction that no contribution, donation or payment of any kind be accepted by the BCI, or any trust or body connected with it, from law colleges, universities or their managements.
Reddy further demanded that the Council publish on its website the complete staff position referred to in his allegations concerning appointments.
Reddy said there were capable people within the Council who could restore the institution and suggested that Mishra's voluntary resignation was “the one course still open to you that would be to your credit.”
“The Bar of this country deserves better than what it is presently receiving from its own Council,” he added.