Delhi

A divided Bar weakens the Bench: Delhi High Court on SCBA feud

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NEW DELHI:  The Delhi High Court on Friday closed a suit filed by advocate Ashok Arora challenging the decision of the Supreme Court Bar Association (SCBA) to suspend him from the post of secretary after the feuding leaders of the SCBA consented for a settlement. While passing the order, the court also observed that when the bar gets divided, it also weakens the bench.

“If the Bar is divided, it affects the Bench equally. You need to understand it. We get out strength from the Bar,” he said. He passed an order putting an end to the proceedings after both the parties — Arora and SCBA President Dushyant Dave — consented for a settlement.

Justice Rajiv Shakdher , who suggested parties to settle the issue, also recorded that since the term of the current executive committee (EC) of SCBA comes to an end on December 14 and the elections for constitution of a fresh panel are expected in mid-January, 2021, the SCBA will not take the suspension resolution further.

It also noted that since Arora’s term as secretary of SCBA comes to an end, he has said made a statement that he would not participate in the EC proceedings henceforth. He also said that Arora’s suspension will not come in the way of his participation in fresh elections.

Arora said he will withdraw all legal proceedings initiated by regarding his suspension. Earlier in October, another judge of the high court had refused to grant interim relief of staying the SCBA resolution to Arora. The single judge’s order was upheld by a division bench in November.

In the suit, Arora has challenged his suspension on the ground that his removal by the Executive Committee of SCBA was in violation of principles of natural justice. SCBA had earlier told the court that principles of natural justice were followed before suspending Arora from the post. It had claimed that there was an attempt to hijack the functioning of the association after which the need to suspend Arora arose. 

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