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Holding the direction restraining the advocates or the Bar Associations from performing any religious function or programme to be beyond the jurisdiction of any Bar Council, the Bar Council of India has granted interim stay against the impugned order.

Lawyers Voice, an organization which aim to promote the rights, interest and privileges of the advocates had filed an application against the order passed by the disciplinary committee of Bar Council of Delhi on a complaint by Sohan Singh Tomar against Advocate Iqbal Malik.

The main issue before the committee was to examine the conduct of an advocate, who had arranged the conversion of Hindu girl and had facilitated the Nikah of the said girl with a man belonging to other religion in his chambers.

The order said that Bar Associations and Advocates could not conduct any religious functions or programs/activities in the chambers corridors, parking or any other place within the precinct of court premises.

While passing the said order, the State Bar Council, Delhi had noted that if such activities wee not nipped at the bud, the courts as well the legal profession will lose its sanctity, dignity and credibility and would turn into a place for rampant religious activities and programs, which could not be permitted.

BCI while granting interim stay noted that the Committee was required to examine whether the conduct of said advocate could be
covered under the definition of professional or other misconduct or not.

"...without framing any issue prima-facie, it appears that the committee of Bar Council of Delhi has issued the impugned general directions and has exceeded its jurisdiction. Before, making any such direction / observation, the Bar Council of Delhi was required to examine whether it was /is competent to pass such orders."

The Disciplinary Committee of the BCI in its order relies on Bar Council of India Rules (which deals with the conduct of advocates) which do not prohibit any advocate from performing a religious function in his chamber. Also the order adds,

"It is not out of place to mention that even some High Court's administration has provided space to some particular religion
to offer prayers in their premises."

Calling the impugned order to be nonest and without jurisdiction, the BCI found it an appropriate case for grant of interim stay.

While issuing notice to Issue notice to Sohan Singh Tomar and Advocate Iqbal Malik the matter will now be heard physically at 3.00 p.m. on December 18, 2021.

The respondents have also been directed to file their reply, if any, within 4 weeks from the date of receipt of the notice.