S.Basavaraj Vs Bar Council of India (Karnataka High Court)
In S. Basavaraj vs. Bar Council of India, the Karnataka High Court addressed a writ petition by Advocate S. Basavaraj challenging a gag order imposed by the Bar Council of India (BCI). Basavaraj had reported alleged misappropriations by Karnataka State Bar Council officials during a 2023 advocates’ conference, which led to a crime registration. The BCI’s subsequent order, communicated on April 12, 2024, imposed restrictions on Basavaraj’s public statements regarding the expenditure, citing concerns over public defamation. Basavaraj contended that the gag order infringed on his fundamental rights, particularly freedom of speech. The court agreed, observing that the BCI lacks jurisdiction to issue such a gag order, emphasizing that gag orders fall within the purview of courts and not regulatory bodies. The court noted that Section 7 of the Advocates Act does not authorize the BCI to impose speech restrictions on advocates, deeming the order invalid and unsustainable. Consequently, the court quashed the BCI’s gag order and affirmed Basavaraj’s right to speak on the matter.
FULL TEXT OF THE JUDGMENT/ORDER OF KARNATAKA HIGH COURT
The petitioner, a practicing Advocate is knocking at the doors of this Court calling in question proceedings initiated by the 1st respondent in terms of its communication dated 12-04-2024 by which certain restrictions are imposed upon the practice of the petitioner.
