NEW DELHI: Supreme Court on Friday castigated the Bar Council of India (BCI) for threatening to deny licence to practice to Hyderabad-based NALSAR university students who opposed CJI Surya Kant as their convocation chief guest, shielded them against coercive action, and offered the law graduates a start as legal aid counsel in SC.Taking cognisance of the controversy created late Thursday evening by BCI through an unprecedented letter which had to be hastily retracted, a three-judge bench led by CJI Surya Kant said, “This is absolutely uncalled for. BCI has nothing to do with it. The students might have written a letter to me. It is a dialogue between me and students. Who are they (BCI) to unnecessarily create an issue? This action is totally uncalled for.”Senior advocate K Parameshwar sought SC’s urgent intervention in quashing the illegal and arbitrary action of the BCI in seeking to coerce VC of NALSAR University, one of the top law schools, to conduct an investigation and identify students who had opposed CJI’s participation in the convocation as chief guest and issuing the now-withdrawn threat that those identified would be denied registration for licence to practice by all state bar councils.SC asks bar council to explain process behind resolutions against studentsTrashing Bar Council of India’s threat to blackball protesting Nalsar students, CJI Surya Kant told senior advocate K Parameshwar to convey to the students, who are completing their graduation in law from Nalsar this year, “to get licences to practice at the earliest and begin their careers in Supreme Court”.The apex court bench sought BCI’s explanation on the process it adopted before passing the resolutions prior to issuing a letter to bar licences to protesters, and another shortly after, retracting it.Urging the students to join the SC bar at the earliest, the CJI said, “We will empanel them and give them legal aid cases. This will be our response to all those who intend to create impediments in their professional career.”
The students have a right to protest peacefully, and no one can stop them. They have a fundamental right to freedom of speech and expression
CJI Surya Kant
He added, “We should be largehearted. Even if someone makes a wrong statement at a young age, let it rest there. That does not mean they do not have a right to speak.”“During my student days, I was actively involved in many student activities. Indulging in activities or protests does not mean the students are wrong. The students have a right to protest peacefully, and no one can stop them. They have a fundamental right to freedom of speech and expression. So long as they are lawfully and peacefully raising their voice over an issue, it must be heard, not opposed. Unnecessarily, Bar Council of India meddled in it.
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Neither BCI nor any other body has any business to interfere with this,” said the CJI.Earlier, the advocate had raised the now-withdrawn threat that those identified would be denied registration for licence to practise by all state bar councils.The CJI-led bench, also comprising Justices Joymalya Bagchi and V Mohana, without even going through the petition by two formerstudents of Nalsar, restrained BCI and all state bar councils from taking any coercive or punitive action against the students and faculty.Accepting the notice on behalf of BCI, advocate Radhika Gautam said the objectionable circular had been withdrawn. In its order, the Supreme Court asked Bar Council of India to file its counter-affidavit in two weeks.
