After getting a reply from The Secretary of the State Bar Council under the RTI Act, which is incomplete, I'm going to file my 1st Appeal. The irony is that my 1st Appeal too would be considered by the same Secretary, State Bar Council. It is regarding the complaint against an advocate for Professional Misconduct. It was filed on March, 2022. As per the Supreme Court directions in C.A No. 7478/2019, the complaint should be resolved with in 1 year from the date of its receipt. As per Section 36B of the Advocates Act, 1961, if the State Bar Council deliberately doesn't initiate action on a complaint, it keeps lying there indefinitely. I think this provision should be amended. Please advice.
Dear Client, As per your query, in order to address the delay in your complaint regarding professional misconduct against an advocate, first file an appeal under Section 19(1) of the RTI Act, 2005, emphasizing the Supreme Court's directive in Civil Appeal No. 7478/2019, which mandates resolution within one year as you have pointed out. If the State Bar Council is inactive, then take the matter to the Bar Council of India under Section 36B of the Advocates Act, 1961, that gives the BCI a chance to intervene in cases where there are delays. In case no action is undertaken, file a Writ Petition under Article 226 of the Constitution before the High Court for a directive. You may also advocate to amend Section 36B for stronger timelines in dealing with these complaints for long-term reform. Feel free to book an appointment for a detailed discussion on the issue.
