Supreme Court asks lawyers to move Delhi High Court for CBI probe into alleged assault during BCI protest

New Delhi: The Supreme Court on Wednesday directed lawyers who were allegedly assaulted during protests against Bar Council of India (BCI) chairman Manan Kumar Mishra to approach the Delhi High Court with their plea for a CBI investigation and urgent preservation of CCTV footage.

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing a mention made by advocate Prashant Bhushan on behalf of the lawyers.

The alleged incidents took place outside the BCI office in New Delhi on August 20-21.

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Bhushan contended that lawyers were beaten up by persons claiming to be lawyers while they were protesting against the BCI and its chairman.

He sought a CBI probe and immediate preservation of CCTV footage, expressing apprehension that crucial evidence could be destroyed.

Quoting a statement attributed to the BCI chairman, Bhushan said, “The BCI chairman issued a statement proudly saying that some legal cockroaches were protesting here and our lawyers came and beat them up in the midnight.”

He underscored that lawyers, like any other citizens, have a constitutionally protected right to protest.

The bench, however, observed that since the alleged assaults occurred at the BCI office in the national capital, the appropriate forum was the Delhi High Court.

“It should not appear as if everything must come to this court and that we have an institutional bias… You can approach the Delhi High Court. They can very well deal with your petition,” the bench told Bhushan.

While acknowledging the right of lawyers to protest, the court noted that the legal profession provides them with specific grievance redressal mechanisms.

“The interface on the democratic front can wait in respect of lawyers because law creates grievance redressal for them and gives them a direct voice. They can always bring it before the appropriate forum,” the bench observed.

Chief Justice Kant also remarked that the Supreme Court had entertained several issues concerning the BCI in the past. Eventually, Bhushan agreed to withdraw the petition and approach the high court.

The development comes a day after the Supreme Court directed that the Attorney General and Solicitor General be actively associated with every policy decision of the BCI until its reconstitution through fresh elections. The court had also observed that the chairman’s continuance in office was only a pro tem arrangement and could not be treated as extending up to 2030.