HC stays BCI decision to remove AAP legal head

| | New Delhi
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HC stays BCI decision to remove AAP legal head

Tuesday, 10 December 2024 | Staff Reporter | New Delhi

The Delhi High Court on Monday stayed a resolution of the Bar Council of India which removed advocate Sanjeev Nasiar from the post of Bar Council of Delhi's vice-chairman, pending the completion of an inquiry into the authenticity of his law degree.

Justice Sanjeev Narula passed the interim order on a petition by Nasiar challenging the Bar Council of India's (BCI) December 7 resolution and posted the matter on January 21, 2025.

Nasiar, who is also the president of AAP legal cell, holds a law degree from Devi Ahilya Bai Vishwavidyalaya, Indore.

In a release issued on December 8, the BCI said, “The sub-committee constituted by the BCI, after a thorough enquiry, concluded that the authenticity of the LLB (Hons) degree of Sanjeev Nasiar is highly questionable."

It said the BCI's general council resolved to adopt the committee's report and the BCI secretary was directed to approach the CBI, requesting it to probe the degree's authenticity.

“Pending the outcome of the investigation, Sanjeev Nasiar is removed from the position of vice chairman, Bar Council of Delhi (BCD),” stated the release, with BCI secretary Srimanto Sen as the signatory.

During the hearing in the high court, senior advocate Vikas Pahwa, representing Nasiar, argued the power to remove the elected office bearers of the BCD lay with it by passing a vote of no-confidence in terms of the Bar Council Rules. BCI has no power to interfere with the powers that exclusively lie within the domain of the BCD, he submitted. Pahwa argued the university had already affirmed that Nasiar's degree was genuine. Urging the court to pass an interim order, Pahwa said Nasiar was scheduled to attend a programme on Monday, organised by the BCD, and it would be "damaging to his reputation" if the BCI's decision was not stayed.

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