Inaction of Punjab and Haryana Bar Council Undermines Rule of Law’ in Misconduct Probe: Punjab and Haryana High Court

Punjab and Haryana High Court Orders Expedited Investigation into Allegations of Assault, Embezzlement, and Sexual Harassment Against Bar Members

In a significant ruling, the Punjab and Haryana High Court has directed the Bar Council of Punjab and Haryana to expedite the investigation into serious allegations of misconduct, including embezzlement, assault, and sexual harassment, against its members. The court, presided over by Acting Chief Justice G.S. Sandhawalia and Justice Vikas Bahl, underscored the urgency of addressing these issues to uphold the integrity of the legal profession.

The case, CWP-PIL-100-2024, was filed by Anjali Kukar and others against the Bar Council of Punjab and Haryana through its Chairman and other respondents. The petitioners alleged inaction on the part of the Bar Council regarding complaints of financial mismanagement and assault by some of its members. Notably, an incident involving the assault of petitioner No. 3, Shri Ranjeet Singh, led to the lodging of FIR No. 72 dated 01.07.2024. The FIR detailed the physical assault on Singh by respondent No. 2 and his associates at the High Court premises, prompting a wider probe into their conduct.

The court expressed dissatisfaction with the Bar Council’s delay in addressing the complaints against respondents No. 2 and 3. The petitioners had accused these individuals of defalcating and embezzling funds, and failing to provide monthly financial statements as required. The Bar Council’s counsel acknowledged that the complaint was under consideration and promised further action in compliance with the Advocates Act, 1961.

The court took a strong view of the assault on petitioner No. 3. Referring to the lodged FIR, the bench noted the need for thorough supervision by the Senior Superintendent of Police, Chandigarh, to ensure comprehensive investigation. “We are of the considered opinion that this action of respondent No. 2 and his assaulting petitioner No. 3 amounts to interference in the administration of justice and prima facie a case of criminal contempt is made out,” the court stated.

In a serious development, multiple complaints of sexual harassment against respondent No. 2 were brought to the court’s attention. These complaints, filed by lady advocates and employees of the Bar Association, are now to be investigated by the Bar Council as directed by the High Court. The court emphasized the duty to maintain the institution’s prestige, indicating severe consequences for non-cooperation by the accused.

The judgment highlighted the importance of swift and decisive action in maintaining the integrity of the legal profession. The court drew on established legal precedents, including the Supreme Court rulings in Ex-Capt. Harish Uppal vs. Union of India and M/s PLR Projects Pvt. Ltd. Vs. Mahanadi Coalfields Limited, underscoring the illegality of strikes by Bar Association members.

The bench remarked, “The inaction of the Bar Council in dealing with serious allegations of misconduct not only undermines the rule of law but also erodes public confidence in the legal system. The gravity of the allegations necessitates immediate and thorough investigation.”

The Punjab and Haryana High Court’s directive to expedite the investigation into the allegations against Bar Council members marks a crucial step in upholding the ethical standards of the legal profession. By addressing the issues of assault, financial mismanagement, and sexual harassment, the court aims to reinforce the sanctity and respect of the legal institution. The outcome of the Bar Council’s inquiry, due within ten days, is awaited with significant interest, as it will likely have far-reaching implications for the governance and accountability within the legal fraternity.

Date of Decision: July 3, 2024

Anjali Kukar and others vs. Bar Council of Punjab and Haryana through its Chairman and others