Showing posts with label Bar Council of India Rules. Show all posts
Showing posts with label Bar Council of India Rules. Show all posts

Sunday, May 24, 2026

Journalism of “innocent fraud”: The great decline of legal journalism in Bihar-Part 1

"I have learned that to be right and useful, one must accept a continuing divergence between approved belief - what I have elsewhere called conventional wisdom - and the reality. And in the end, not surprisingly, it is the reality that counts.......... It is my conclusion that reality is more obscured by social or habitual preference and personal or group pecuniary advantage in economics and politics than in any other subject.

How can fraud be innocent? How can innocence be fraudulent? The answer is of no slight significance, for innocent, lawful fraud has an undoubted role in private life and public discourse. However, by neither those so believing nor those so guiding is there spoken recognition of that fact. There is, to emphasize, no sense of guilt or responsibility. Some of this fraud derives from traditional economics and its teaching and some from the ritual views of economic life. These can strongly support individual and group interest, particularly, as might be expected, that of the more fortunate, articulate and politically prominent in the larger community, and can achieve the respectability and authority of everyday knowledge. This is not the contrivance of any individual or group but represents the natural, even righteous view of what best serves personal or larger interest.

Most progenitors of what I hear intend to identify as innocent fraud are not deliberately in its service. They are unaware of how their views are shaped."

-Excerpts from Prof. John Kenneth Galbraith’ The Economics of Innocent Fraud: Truth For Our Time (2004) 

“An advocate shall not be a full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practise, and shall, on taking up any such employment, intimate the fact to the Bar Council on whose roll his name appears and shall thereupon cease to practise as an advocate so long as he continues in such employment. Nothing in this rule shall apply to a Law Officer of the Central Government of a State or of any Public Corporation or body constituted by statute who is entitled to be enrolled under the rules of his State Bar Council made under Section 28 (2) (d) read with Section 24 (1) (e) of the Act despite his being a full time salaried employee. Law Officer for the purpose of these Rules means a person who is so designated by the terms of his appointment and who, by the said terms, is required to act and/or plead in Courts on behalf of his employer.”

-Rule 49, Bar Council of India Rules under Advocates Act, 1961 on Standards of Professional Conduct and Etiquette

Conflict-of-interest ridden landscape of of legal journalism in the State is stinking because it has become rotten in its core with no possibility of sunlight disinfecting their incestuous relationship with the bar, executive, legislative and judicial institutions. Several factors have contributed to the erosion of journalistic ethics, including conflict-of-interest ridden assignments, sycophancy, financial pressures, naked affiliation with political parties and complicity with Jeffrey Edward Epstein like characters. Such journalists have entered into a Faustian bargain and appear to be decadent child of the Mephistopheles. Most of these journalists have not studied journalism and act in colossal ignorance of the ethics of journalism and the 5W and 1H framework of the elements of news data, comprising of Who? (character) What? (plot) When? (time) Where? (location) Why? (motivation or causation), How? (narrative). Journalists who practice journalism of “innocent fraud” cannot become worthy of emulation by young journalists. In order to hide the identity of the journalists, who also happen to be advocates, most of the news reports about courts are authored by anonymous, and non-transparent journalists. If their veils are pierced, the conflict-of-interest ridden clandestine operation and questionable journalistic practices will come to light. They seem to be mortally afraid of sunlight.          

The Supreme Court in Dr. Haniraj L. Chulani vs. Bar Council of Maharashtra & Goa 1996 AIR 1708, in para 20 observed: "legal profession requires full time attention and would not countenance an Advocate riding two horses or more at a time." In complete disregard of the settled law, a large number of legal reporters in the State of Bihar are riding two horses by practicing as an advocates as well as journalists to win illegitimate favours from bar, executive, legislative and judicial institutions.  

In Mohd. Kamran vs. State of Uttar Pradesh & Ors. (2024), Supreme Court’s Division Bench asked the State Bar Council as well as the Bar Council of India ascertain whether the rules of professional ethics permit a practicing Advocate to simultaneously work as a journalist. It issued noticde to notice to the Bar Council of India as well as Bar Council of State of Uttar Pradesh. In its order dated December  16, 2024, the Court passed an order which reads: We have perused the response of the Bar Council of India. The Bar Council, for the reasons stated, has taken a stand that it is not permissible for an Advocate to do full time journalism. Now, the petitioner has filed an affidavit dated 13th December, 2024 giving an undertaking in terms of paragraph 11 stating that the petitioner will not engage himself in the field of journalism either full time or part time and he will continue to practice as an Advocate. Today, learned counsel appearing for the petitioner in presence of the petitioner has accepted the correctness of the stand taken by the Bar Council of India.” The counsel appearing behalf of the Bar Council of India (BCI) made it clear that such dual roles are not allowed. Referring to the conflicting roles of advocates and journalists, the BCI submitted: “Lordship, they cannot practice law while also being accredited journalists”.  

The case had arisen out of the judgment dated March 12, 2024 passed by the Allahabad High Court, which had arisen from summoning order dated  order dated January 10, 2024 by Additional Chief Judicial Magistrate-III (MP/ MLA), Lucknow in Dr. Mohd. Kamran vs. Brij Bhushan Sharan Singh (2024). The High Court had recorded in its order that the complainant was enrolled on the rolls of Bar Council of Uttar Pradesh and regularly appeared as an Advocate before the High Court as well as before the District and Sessions Court, Central Administrative Tribunal and was also a member of Oudh Bar Association, Lucknow. It was claimed that and in the light of Rule 51 of Bar Council of India, he was also having the status of a freelance journalist and was engaged in the profession for about 25 years. The High Court had set aside the summing order. Supreme Court did not find any ground to interfere with the order passed by the High Court. But recorded the submission of the BCI which referred to Rule 49 of the BCI Rules, prohibiting advocates from taking full-time jobs with individuals, businesses, government agencies, or other entities. If an advocate becomes employed, they must inform the Bar Council and stop practicing law during their employment. The Supreme Court had asked "How can a member of the Bar claim to be both a journalist and an Advocate? This is highly unprofessional."

Disregarding the directions of the Court and the Rule 49 of the BCI, the advocates across the State of Bihar are practicing as legal reporters as well.

Decline in coverage of courts, paid news, threat to open justice

A significant sections of the legal journalists in Bihar have willy-nilly become participants and players in questionable practices that contribute to the growing use of money power which undermines democratic processes and norms–while hypocritically feigning to occupy a high moral ground.

The 47th report on the “Issues Related to Paid News” by India’s Parliamentary Standing Committee on Information Technology reviewed the genesis of “Paid News‟, existing mechanism/guidelines/codes/norms/organisations/legislations in this regard and measures required to tackle the malpractice. It recorded that a large number of journalists maintain deafening silence on this malpractice. Press Council of India (PCI) informed the Committee that over last six decades ‘Paid News’ have changed its form ranging from accepting gifts on various occasions, going on a sponsored tours, to other benefits and direct payment of money. The parliamentary report found that the decline in independence of the journalists/reporters was due to the emergence of contract system of employment as the system has the affect of reducing their status to mere marketing agents. The Committee felt perturbed at the pathetic working conditions of the significant part of the media personnel while strongly disapproving the tendency of the media houses to hire and fire the journalists. Among the legal journalists, it is increasingly apparent that they are dependent on undue favours from the bar, executive, legislative and judicial institutions to continue in their dual role as journalist and advocate although riding two horses is impermissible in law.  

It germane to take note of the report of the Justice Select Committee of UK’s parliament which has highlighted the impact of reduced court reporting on the public’s understanding of how justice works, from understanding sentencing guidelines to the long-established and respected principle of open justice–‘justice must be done, and seen to be done.’ The committee has made a case for the ‘re-establishment of a courts’ inspectorate’ to help identify ‘wider issues’ within the justice system, ignored by journalists. The decline in coverage of courts has undermined democratic process. It has adverse impact on ‘open justice’.

In Bihar, the legal journalists report only about few cases heard by few out of the 37 judges in Patna High Court. Their selection of news about ongoing court cases and final judgments and orders is arbitrary. In general, in most of the cases, these journalists either do not seem to have any news sense  about why a particular case is news worthy or the newspaper editors do not provide them adequate space because justice related stories are not a priority or news worthy for them. The judgments and orders by most of the judges are not reported or not deemed news worthy for some inexplicable reason. They report only about the advocates and judges who are personally known to them. In general, they do not report when judgments and orders by single judges are either reversed or upheld by a 2-judge bench or by 3-judge full bench or when the High Court judgments are set aside or upheld by the Supreme Court. The UK’s Justice Committee has observed: “the less aware the public is of the rule of law and the less informed they are as to whether the administration of justice is functioning as it should.” This observation is relevant for court reporting in Bihar as well. Digital media has attempted to fill the gap in court reporting left by the decline by newspapers without success. The loss of public understanding of how justice is applied creates a rupture in citizens sense of reality.

A content analysis of judgments delivered by the High Court and its orders can provide a ‘snapshots’ of the deteriorating state of court reporting in Bihar. Take the case of the number of news reports about 254 judgments and 4012 orders by the 2-judge bench headed by outgoing Chief Justice of the High Court during his tenure during January 7, 2026-May 13, 2026. The news papers did not report about almost all of them. The content analysis will also reveal that the legal journalists do not report about Reportable Judgments by the High Court in diverse areas of law. They do not inform their readers about the rate of judgments delivered by each judge, the rate of judgments upheld by 2-judge bench and the Supreme Court and the rate of judgments and orders by the High Court which get appealed in the Supreme Court. They do not report about the number judgments and orders deemed news worthy in a year.The rigorous reporting of some of the judgments by digital legal journalists exposes the lackadaisical approach of legal journalists who do reporting for newspapers.

A careful scrutiny will reveal out of 254 judgments by the bench headed by outgoing Chief Justice of the High Court, only minuscule number cases were actually attended by journalists and very few were reported. A number of newspapers have not covered several benches of the High Court for several years. It is also a fact that the exorbitant costs of court transcripts is a barrier for undertaking rigorous reporting of the court proceedings. There is a compelling need to ensure that court transcripts and the full text of the petitions are more accessible to the journalists and the public because sunlight is the best disinfectant.

As per information available on the National Judicial Data Grid (NJDG), as on March 25, 2026, the number of cases pending for more than 3 years in the lower courts of Bihar are 24,93,657, which are approximately 67% of the total pending cases in Bihar i.e. 37,11,288. Out of every 100 new cases, only 55 are being cleared.

As of May 15, 2026, there are 36 lakh pending cases in the courts in all the districts of Bihar. For example, in Patna and  Bhojpur,  4,60,750 cases and 1,07,645 cases are waiting.

The pendency of cases in courts arose due to several factors besides availability of adequate number of judges and judicial officers. These factors include complexity of the facts involved, nature of evidence, co-operation of stakeholders, viz., bar, investigation agencies, witness and litigants, besides the availability of physical infrastructure, supporting court staff, etc.The legal journalists reporting for newspapers in Bihar have failed to report about these factors.

As per the information available on the Nyaya Vikas Portal 2.0, as on March 25, 2026, there were 364 vacant posts of judges in the subordinate courts of Bihar out of the total sanctioned strength of 2025 which is about 17.9% while at the national level 4,887 posts are vacant out of the total sanctioned strength of 25,902 posts which is 18.86%. In its 120th report (1987), the Law Commission of India recommended that the State should increase the present ratio from 10.5 Judges per million of Indian population to at least 50 Judges per million of Indian population. In Imtiyaz Ahmed vs. State of Uttar Pradesh & Ors.(2012), the Supreme Court had asked the Law Commission of India to evolve a method for scientific assessment of the number of additional courts required to clear the backlog of cases. In 245th Report (2014), the Law Commission observed that filing of cases per capita varies substantially across geographical units as filings are associated with economic and social conditions of the population. As such the Law Commission did not consider the judge population ratio to be a scientific criterion for determining the adequacy of the judge strength in the country. The Law Commission found the “Rate of Disposal” method i.e. to calculate the number of additional judges required to clear the backlog of cases as well as to ensure that new backlog is not created to be more pragmatic and useful.

In August 2014, the Supreme Court asked the National Court Management System Committee (NCMS Committee) to examine the recommendations made by the Law Commission and to furnish its recommendations in this regard. NCMS Committee submitted its report to the Supreme Court in March, 2016. The report observed that in the long term, the judge strength of the subordinate courts will have to be assessed by a scientific method to determine the total number of “Judicial Hours” required for disposing of the case load of each court. In the interim, the Committee has proposed a “weighted” disposal approach i.e. disposal weighted by the nature and complexity of cases in local conditions.

As per the direction of the Supreme Court in its order dated January 2, 2017, the Department of Justice had forwarded a copy of interim report of the NCMS Committee to all the State Governments and High Courts to enable them to take follow up action to determine the required strength of district and subordinate judiciary. The judge-to-population ratio in the District and subordinate courts of Bihar is 19.45.

The Supreme Court by its order passed in Malik Mazhar Sultan (3) vs U.P. Public Service Commission & Ors. (2007) provided timelines, which was required to be followed by the States and the respective High Courts for recruitment of judges in District and Subordinate Courts but the same has not been adhered to in Bihar. Most legal journalists have remained silent about it.  

Colossal failure: Non-reporting about deficiency in judicial infrastructure   

The construction work of buildings for advocates in all 38 districts and 101 sub-divisions remains incomplete. They are crying for adequate budgetary allocation in each budget for repair of old buildings, construction of new buildings, provision of library, electronic equipment, separate toilets for male and female advocates, witnesses in all district civil courts and sub-divisional courts.

In Ramakant Sharma vs. The State of Bihar & Ors. (2026), High Court's Infrastructure Bench comprising Justices Rajeev Ranjan Prasad and Mohit Kumar Shah passed an order dated May 14, 2026, wherein it recorded that Thiyagarajan S.M., the District Magistrate, Patna informed the Court that for construction of lawyers’ hall, digital computer room and toilet complex, a piece and parcel of land has been identified within the civil court premises at Barh. After joint inspection of the same by the officers of the Government and the Principal District Judge, Patna, the land has been found suitable. He has informed that no objection letter is to be received from the Principal District Judge, Patna, whereafter further progress shall be made. It has been further informed that for Patna City (Patna) also, a suitable piece of land has been identified and today itself, there will be a meeting with the Principal District Judge, Patna with whom after discussion, further steps shall be taken towards the construction of lawyers’ hall and other related amenities." The Court's order reads:"We expect that the District Magistrate, Patna shall take keen interest in the matter and with his efforts, the construction work of lawyers’ hall at Barh as well as Patna City should start at the earliest. All concerned stake holders, including the Secretary, Department of Building Construction, and the Additional Chief Secretary, Department of Finance, Government of Bihar must co-operate in the matter." The order also noted that out of ten districts it was examining, in nine districts the land for construction of lawyers’ hall and related amenities are still not available. Regarding Gaya Ji, it was stated that a government land has been identified and a lay out plan has been demanded from the Chief Architect, Building Construction Department.

On May 15, 2026, the Court recorded that regarding construction of lawyers’ hall and other amenities at Kahalgaon, Dr. Nawal Kishor Choudhary, the District Magistrate, Bhagalpur has assured the Court he will find out suitable piece of land in consultation with the Principal District Judge, Bhagalpur and other stakeholders. The Court directed the District Magistrate and the Principal District Judge, Bhagalpur to sit together with all the stakeholders, identify the land and send an appropriate proposal to the Law Department within one month from May 15 and let a report in this regard be submitted to this Court by June 22, 2026.

Sahila, the District Magistrate, Buxar informed the court that she has found a suitable place for construction of lawyers’ hall and other amenities as required, in consultation with the Principal District Judge, Buxar. The proposal is yet to be sent to the Law Department. The Court's order reads: "We expect that the District Magistrate and the Principal District Judge, Buxar both shall sit together within a period of one week from May 15, 2026 and take an appropriate decision with regard to the suitability of the land for construction of lawyers’ hall and other amenities. A proposal in this regard be sent to the Law Department within one month from today. A report be submitted to this Court by 22nd June, 2026.”

Navin Kumar, the District Magistrate, Khagaria informed the court that the lawyers’ hall is to be constructed in place of the existing old lawyers’ hall after demolition. Earlier, a proposal was sent but the Chief Architect, Building Construction Department was of the opinion that the land was not suitable but according to the District Magistrate, Khagaria, this land is very much suitable and he would send a fresh measurement of the land to the Executive Engineer, Khagaria Division. The High Court had also called upon the District Magistrate, Khagaria to discuss the matter with the local Bar Associations in presence of the Principal District Judge, Khagaria so that the old lawyers’ hall may be demolished without any hindrance and construction of a new lawyers’ hall with all amenities may proceed.

Ravi Parkash, the District Magistrate, Nawada informed that earlier correspondences were made with BSRTC and the Transport Department to make available some portion of the land belonging to BSRTC which is adjacent to the Civil Court Premises of Nawada but that could not bear fruit. The Court had requested the District Magistrate, Nawada to discuss the matter with the MD, BSRTC in this regard. If the land is lying idle and for last 3 years, no work has been done over that land by the BSRTC, the BSRTC may be requested to part with certain portion of the land in order to provide some expansion to the Civil Court Premises. The Court directed that let a comprehensive report in this regard be submitted to this Court after holding a discussion with MD,  BSRTC within one month from May 15, 2026. In the meantime, the suitability of the land for the Civil Court Campus at Patna-Ranchi Road NH-20 be also considered and a decision may be taken in this regard by the stakeholders. A suitable decision be taken at the District Level Infrastructure Committee of the District Court, Nawada.

In Based on the order dated 21.08.2019 passed in Cr. Misc. 28530 of 2019 Bihar vs. The State of Bihar & Ors. (2026). the High Court's Infrastructure Bench comprising Justices Rajeev Ranjan Prasad and Mohit Kumar Shah passed a detailed order dated May 15, 2026 directing DMs and the concerned Secretaries of the State government to ensure construction of courts in the districts at the earliest after recording their submissions.

Tanai Sultania, District Magistrate, Bhojpur informed the Court that "presently no government land is available in the vicinity of the Civil Court, Ara for construction of Excise Court. The District Magistrate has assured this Court that a suitable piece of land measuring 10 acres has been identified for construction of a new civil court campus. A suitability report with regard to the said land has been provided. He has submitted that construction of civil court campus will take some substantial time. For the present, he proposes to construct Excise Court nearby the civil court campus, if required by acquiring private raiyati land or by taking a suitable building premises on hire basis." The order recorded that the District Magistrate, Bhojpur has assured the Court that he will advertise for expression of interest shortly within a week." Although more than one week has passed, the legal journalists of the newspapers are yet to report as to whether the promised expression of interest has been advertised.

Vinod Duhan, the District Magistrate, Araria informed the Court that for construction of Excise Court in Araria, "38 decimals of government land has been identified. A letter has been written to the Water Resources Department to give ‘no objection’ so that steps for transfer of the land in favour of the Court be taken. He has submitted that reminder has also been sent to the Water Resources Department in this regard." The Court directed the Secretary, Water Resources Department "to immediately take appropriate decision to issue ‘no objection’ for the purpose of transfer of the land so that the construction of Excise Court may start in Araria. It is recorded only for understanding of the stake holders that it is an obligation of the State to provide Exclusive Excise Court as per the mandate under the Bihar Prohibition and Excise Act, 2016. Let such decision be taken within two weeks. On receipt of ‘no objection certificate’, further steps shall be taken to construct the court building."

So far the legal journalists not reported as to why Secretary, Water Resources Department has not issued ‘no objection’ for the purpose of transfer of the land so that the construction of Excise Court may start in Araria. Is it not dereliction of duty?

Abhilasha Sharma, the District Magistrate, Aurangabad informed the Court that "40 decimals of suitable land has been found for construction of Excise Court building within the premises of the Civil Court, Aurangabad. She has further informed this Court that by tomorrow, new proposal will be sent to the Law Department for further steps." The Court's order reads: "Let the proposal be sent to the Law Department to do the needful whereafter the Law Department shall process the file with all other stake holders and proceed towards construction of Excise Court building. Let a report in this regard be submitted to this Court by the Law Department before the next date of listing" on 25th of June, 2026.

Shrikant Shastree, the District Magistrate, Begusarai informed the Court that "search for suitable land for construction of premises is on and a committee has been constituted for this purpose and very soon a suitable piece of land for the civil court is likely to be identified. As regards, Excise Court building, he has informed that for the present, he is not able to trace the suitable piece of land as it is a township and there is dense population." The court recorded: "Perhaps suitable place is not available but the District Magistrate has assured that he will go for hiring a suitable building nearby the civil court premises for running the Excise Court. He prays for a month’s time to go for advertisement etc. for hiring suitable building." The Court allowed one month to do that and directed that a report in this regard be submitted to this Court showing compliance after a month.

Taranjot Singh, the District Magistrate, Bettiah informed that "a suitable piece of land for construction of Excise Court building has been identified but the said land belongs to Bettiah Estate. To proceed further with the said land, he has to make certain compliances with the Rules for that purpose. He is preparing the proposal and the same will be sent to the Law Department." The Court recorded that "The Secretary, Law Department, Government of Bihar is present online. He has assured the Court to go through the entire matter and take suitable steps towards making the things clear for construction of Excise building at Bettiah." The Court directed that "a comprehensive report be filed before this Court within a month by the Law Secretary."

Dr. Nawal Kishor Choudhary, the District Magistrate, Bhagalpur informed the Court that "the work of Excise Court building is likely to be finished within a month. He has assured that when the building would be made functional, all encroachments in and around the campus shall be removed." The  Court sought an updated report in this regard within six weeks from May 15, 2026.

Sahila, the District Magistrate, Buxar informed that construction work of the Excise Court is complete but to make it functional certain requirements like generator set, furniture and other amenities are required to be installed. She informed that sanction has been sought for in this regard from the Building Construction Department and the same is pending at the level of Chief Engineer of the Department. The Court's order recorded that Rajesh Kumar Singh, the Additional Secretary, Building Construction Department was present in the Court who has assured that "he would place the matter to the notice of the Chief Engineer and will get it done within a period of 15 days from today whereafter the same will be sent to the Law Department for sanction. He has assured that he will get the demand approved and the same will be sent to the Law Department for sanction." The Court directed the Chief Engineer of the Department to send the approval immediately to the Law Department and the Law Department, in turn, will do the needful granting sanction at the earliest opportunity. We expect that Excise Court be made functional within a month from May 15, 2026.

Vaibhava Srivastava, the District Magistrate, Chapra informed that "a suitable piece of land for construction of the Excise Court has already been identified. The estimate is under preparation at the level of Building Construction Department." The Court's order recorded  that the Additional Secretary, Building Construction Department submitted that within a week, estimates shall be prepared and the same shall be sent to the Law Department for administrative approval." The Court directed the Building Construction Department to prepare the estimate/proposal and send to the Law Department for administrative approval. The Law Department shall do the needful expeditiously and inform this Court within one month from May 15, 2026.

Pawan Kumar Sinha, the District Magistrate, Gopalganj informed that "a suitable piece of land has been identified for construction of Excise Court building and within 15 days from today, he will get all the formalities done at various levels and a proposal in this regard shall be sent to the Law Department." The Court directed that it should be done at the earliest. The Law Department shall take up this matter immediately after receipt of the proposal. Progress made in this regard be informed to this Court within a month.

Sanjay Kumar, A.D.M, Vaishali at Hajipur informed that "a suitable piece of land admeasuring 15 acres for construction of civil court campus at Hajipur has been identified. A proposal for acquisition of land is being prepared and the same will be sent to the Law Department within a period of 15 days" from May 15, 2026. The Court also informed that "for construction of Excise Court building also a suitable piece of land has been identified and a proposal in this regard is being sent to the Law Department within 15 days." The Court took the statement on record and directed that "On receipt of the proposal, the Law Department shall act suitably and will do the needful at the earliest opportunity. Compliance report be sent to this Court within three weeks."

Regarding Excise Court building at Jamui, the Additional Secretary, Building Construction Department informed the Court that even as the work order was issued on July 24, 2024, there was some delay in start of the work due to encroachment. Now, the work has started and it is likely to be finished by end of this year. The Court directed the Department to continue with the ongoing construction work and try to complete it as early as possible. Let a report in this regard be submitted to this Court with the progress made in the construction work after two months.

Alankrita Pandey, the District Magistrate, Jehanabad was directed to inform the Court as to when the Excise Court building is going to be handed over to the Court. If there is any requirement to make it functional, the same be brought to the notice of the Building Construction Department at the earliest and on receipt of such requirement the Building Construction Department will do the needful to facilitate the early opening of the Excise Court building. Compliance report be sent to this Court within a month.

Vishal Raj, the District Magistrate, Kishanganj informed that "a suitable piece of land for construction of Excise Court has already been identified. He has stated that a proposal has been sent to the Law Department in August, 2024." The Court directed that the Law Secretary, Government of Bihar should take note of it.

Anand Sharma, the District Magistrate, Madhubani has informed that "a suitable piece of land has been identified and a proposal in this regard has been sent to the Law Department today itself vide Memo No.1281 dated 15.05.2026. As soon as the Law Department grants its approval to the said piece of land, the matter shall be referred to the Building Construction Department for further action." The Court's order reads: "We call for an updated report from the Law Department and the Building Construction Department in this regard before the next date of listing" on June 25, 026.

Subrat Kumar Sen, the District Magistrate, Muzaffarpur informed that "at Muzaffarpur, no suitable piece of land has been made available for construction of Excise Court Building." The Court's order reads: "The District Magistrate, Muzaffarpur is directed to look into the matter and take expeditious steps in consultation with the Principal District Judge, Muzaffarpur to find out a suitable piece of land and inform this Court on the next date of listing. Information in this regard be sent to the District Magistrate, Muzaffarpur by the learned Standing Counsel-11 for the State."

Kundan Kumar, the District Magistrate, Nalanda informed that "18 acres of land has been identified for civil court campus in Biharsharif. The Excise Court will also come within the civil court campus." The District Magistrate, Nalanda agreed for the present that he will go for finding out a suitable building/accommodation from where Excise Court may be run. The Court's order reads: "We grant him a month’s time to come out with advertisement for a suitable building on hire basis for running the Excise Court. Let a report in this regard be submitted by 22nd of June, 2026."

Ravi Parkash, the District Magistrate, Nawada informed that "a suitable piece of land has been identified and a proposal has already been sent to the Law Department in December, 2025. The Secretary, Law Department has informed this Court that the matter is presently pending at the end of the Principal District Judge, Nawada with regard to the suitability of the land." The Court directed the Principal District Judge, Nawada to take appropriate view of the matter and inform the Law Secretary preferably within a period of two weeks from may 15, 2026.

Udita Singh, the District Magistrate, Sasaram informed that "a suitable piece of land has been identified. The land belongs to the Water Resources Department, therefore she is making communication with that department for obtaining ‘no objection’." The Court's order reads: "We expect that communication shall be made immediately without losing further time and the Water Resources Department shall issue ‘no objection’ for construction of the Excise Court at the earliest. A comprehensive report in this regard be submitted to this Court by 22nd June, 2026."

Pratibha Rani, the District Magistrate, Sheohar informed that "a suitable piece of land for construction of Excise Court building has been identified and proposal with regard to the same has been sent to the Law Department through the Principal District Judge, Sheohar." The Court directed the Secretary, Law Department to look into the matter and do the needful towards further progress of the construction of Excise Court at Sheohar. A comprehensive report be submitted in this regard to this Court by 22nd of June, 2026.

Vivek Ranjan Maitrey, the District Magistrate, Siwan informed that "about 35 acres of land has been identified for construction of civil court campus and proposal for acquisition of land has been sent to the Law Department on 10th April, 2026." The Court directed that the Law Department should do the needful and expedite the process for acquisition. So far as Excise Court building is concerned, it has been agreed in course of interaction that the District Magistrate, Siwan shall go for hiring a suitable building/accommodation from where Excise Court may be run. For this purpose, he will come up with expression of interest at the earliest opportunity. We call for a report in this regard by 22nd of June, 2026.

Shekhar Anand, the District Magistrate, Sheikhpura informed that "construction work of Excise Court is going on. The work could start with some delay only because work order was issued by the Building Construction Department recently in the year 2026." He has informed that the building would be completed by February, 2027. The Court directed "the District Magistrate, Sheikhpura and the Secretary, Building Construction Department to ensure completion of the building at the earliest preferably by the end of this year. There is already significant delay in start of the work. An updated report showing progress in construction be submitted to this Court by 27th July, 2026.

The Court also directed the Registrar General, Patna High Court "to call for a report from all the Principal District Judges of the Districts across the State with regard to the updated position of the construction of the Excise Court building and submit a report to this Court.

The legal journalists of state failed to seize the opportunity of reporting the state of infrastructural deficiency in almost all the districts of Bihar. The editors of these newspaper ought to seek a written explanation for such glaring failure on the part of the legal reporters who cover High Court. The submission of DMs in the Court and the coincidence use of similar language "land has been identified for construction of civil court" by most of the DMs is curious and remains newsworthy.

These glaring facts and data make the situation ripe for rigorous reporting of courts but legal journalists of the newspapers have failed to sense news in the dire situation about lack of human power and infrastructure for judges, advocates and litigants. Constitution of India promises “complete justice” to citizens but paucity of basic judicial infrastructure and human power delivers incomplete justice.  

Made-to-Order News

Financial constraints have led to practices such as "chequebook journalism," where some journalists accept payments for stories, quid pro quo assignments and gifts compromising objectivity. "Brown envelope journalism" is prevalent, with some reporters allegedly accepting cash due to low salaries, undermining the credibility of an independent press. The brown envelope is non-transparent. They are practicing embedded journalism.   

By now it has emerged that “Paid News” is not about corruption of individual rogue journalists, it is about internalizing the abnormal as normal, immoral as moral and decline in journalistic practice as natural and innocent. Most legal journalists in Bihar do not report adequately about it due myriad constraints.

In Dr. Ranganathan Rajya Pustakalaya Samiti & Anr. vs. The State of Bihar & Ors. (2026), Patna High Court's Division Bench  of Chief Justice Sahoo and Justice Harish Kumar delivered an elaborate order on May 15, 2026, wherein, it concluded:"In the eyes of the law, a vacant librarian post, especially in a University is not merely an administrative oversight; it is seen as a functional breakdown in the "administration of justice" and the "academic health" of an institution. The vacancy of a librarian is not an administrative choice but a failure of the State's duty to provide the necessary infrastructure for education and justice. In the absence of a Librarian, physical collection of books deteriorate without proper preservation protocols, reference services remain absent, institutional subscriptions to journals and databases are not procured, managed, or optimised, and no systematic weeding or collection takes place.. The order was authored by the outgoing chief justice who is retiring on June 4, 2026. The case will now be heard by the next chief justice. The High Court's order dated March 25, 2026 revealed that the post of 289 librarian in various higher educational institutions in the State of Bihar have remained unfilled since 1990. .A copy of the datasheet was furnished to P.K Shahi the Advocate General, who sought some time to obtain instruction. Advocate General sought adjournment on April 30, 2026 and prayed for a short adjournment on May 6, 2026 to ensure filing of a supplementary counter affidavit bringing on record necessary facts. The case was filed on December 17, 2020 and registered on January 23, 2021. Significantly, five chief justices, namely, Justices Sanjay Karol, K. Vinod Chandran, Vipul Manubhai Pancholi, P.B. Bajanthri and now Sahoo heard the case since June 2021 but the posts of the librarians have not been filled up. Almost all the legal journalists failed to report about it.  

It is evident that advocates are not trained to be journalists. They suffer from poverty of journalistic imagination. It is high time they desist from riding two horses and doing great disservice to both the professions and to the cause of journalism and justice.     

Dr. Gopal Krishna

(The author is a practicing advocate and a researcher of philosophy, mass communication and law. He is an ex-Fellow, Berlin-based International Research Group on Authoritarianism and Counter Strategies (IRGAC).)

 

Thursday, March 26, 2026

Regulation of fees of Advocates

The Bar Council of India, a statutory body under the Advocates Act, 1961 has informed Union Ministry of Law and Justice that the standard of professional conduct and etiquettes for lawyers has been prescribed under the Chapter-II, Part-VI of the Bar Council of India Rules framed under the Advocates Act, 1961. 

The relevant rule in this regard reads:-"11. An advocate is bound to accept any brief in the Courts or tribunals or before any other authorities in or before which he proposes to practice at a fee consistent with his standing at the Bar and the nature of the case."

The BCI does not control or have a say over the maximum professional fee which can be charged by a legal practitioner. Accordingly, Advocates charge their fee from their clients as per their standing and seniority in the Bar and the Bar Council of India does not control the fee charged by the advocates.

The maximum fees of legal practioners of the Supreme Court of India and High Courts of different States is not fixed. 


Saturday, June 28, 2025

Bihar Bar Council Journal removes names of members of Bihar State Bar Council due to pending dispute before Central Election Tribunal

In Ratan Kumar Singh vs. The Chairman, Bihar State Election Commission & Ors. (2024), the 44th Chief Justice of Patna High Court, K. Vinod Chandran and Justice Partha Sarthy dismissed the petition with liberty to explore the alternative remedy. The 4-page long judgement dated September 4, 2024 observed:"There is an alternate remedy provided in the Rules itself which the petitioner would be entitled to pursue, if he so desires. We find no reason to interfere with the Rules, specifically the amendments brought in or the elections; which have been concluded and results declared. The intervenor application is also filed, which, in the circumstance of the main matter being rejected does not survive." Ratan Kumar Singh, the petitioner, a practicing Advocate had filed the writ petition challenging the amendment made in 2023 to the Bar Council of Bihar Election Rules, 1968. He had also challenged the elections conducted in the year 2023 to the State Bar Council. The petitioner had submitted that the State of Bihar has more Advocates than that listed in the voters list.

The petitioner had also challenged the substitution of Rule 49 which provided that, no election shall be conducted unless the process of verification of certificates of all the Advocates is complete as per the Certificate and Place Of Practice (Verification) Rules, 2015) of the Bar Council of India. It now provides for holding of elections even when the process of verification is not likely to be completed within the tenure of the elected members of the Council, with the permission and approval of the Bar Council of India. It was argued that this prescription goes against Rule 32 of the Verification Rules of 2015. 

Notably, ahead of the elections of the Bihar State Bar Council, 9-page long notification regarding Bar Council of India Rules (for qualification/Disqualification and produce for election and code of conduct for the elections of S.B.C/B.C.I.) 2023 Rules and Amendments was published in The Gazette of India on June 26, 2023. It reads:"In order to improve the standard of the Bar Councils and to ensure the elections only of practicing Advocates as Member of Bar Councils, who have no bad antecedents and to stop the inclusion/election and/or continuation of Advocates having criminal antecedents or misconduct, the Council has resolved to make the following Rules and Code of conducts. The Rules are being framed under Section 7(1)(b), (d), (g), (e) read with Section 49(1)(a), (ah), (i) of the Advocates Act, 1961. The Hon’ble Members also raised the issue of laying down the qualifications and disqualifications for being a voter in the State Bar Council and for becoming and/or remaining a Member of State Bar Council and Bar Council of India. Accordingly, the office has framed and proposed the Rules for such qualifications and disqualifications and also certain Code of Conduct has been provided for the candidates contesting the elections of State Bar Council and Bar Council of India." 

The Court observed:" 4. We notice that Rule 32 only provides for the Bar Council of India to form Adhoc Committees due to the delay in the process of identification of non-practicing Advocates under these Rules or in case of delay in the preparation of the electoral role for the election to the State Bar Councils. It does not necessarily follow that if verification is not completed, then mandatorily there should be an Adhoc Committee formed. The State Election Rules provides for the elections to be held with the permission of the Bar Council of India, even when the verification is not complete."  

It may be recalled that like Ratan Kumar Singh's case, during the tenure of Braj Kishor Prasad 9th Chairman of the Bihar State Bar Council (April 10980-April 1989), in Young Lawyers' Association vs. Bihar State Bar Council & Ors. (1988), Patna High Court  was apprised by the petitioner that the majority of the advocates who have been enrolled by the State Bar Council and whose names, appear on the State Roll have not been included in the electoral roll prepared for the election to be held. This happened because the advocates, who were practising in the different district courts and Sub-Divisional Courts, had no information that before their names are entered in the electoral roll they had to furnish the details in the prescribed forms in terms of Rule 4 of the Bar Council of India Rules. In exercise of the powers under Sections 3(4); 15(2)(a) and 49(1)(a) and (ab) of the Act, in Part III Chapter I of the Rules, specific rules have been framed in respect of preparation of electoral roll, prescribing qualification and disqualification of advocates whose names have to be entered in such electoral roll. In view of Rule 1 every advocate, whose name is on the Electoral Roll of the State Bar Council shall be entitled to vote at an election. Rule 2 prescribes that the name of an advocate appearing in the State Roll shall not be on the Electoral Roll. Justice Nagendra Prasad Singh observed:"In view of the fact that this is the first election, which is being held, in accordance with amended rules, it can be presumed that the advocates practising in different district courts and sub-divisional courts did not have knowledge of the procedure regarding furnishing their particulars for being enrolled as voters...." Notably, Braj Kishor Prasad was also 10th and 12th Chairman of the Bihar State Bar Council during April 1989-April 1994 and April 1999-August 2000 respectively.

Prior to the tenure of Ramakant Sharma, the 20th Chairman, Bihar State Bar Council, Lalit Kishor was the Chairman during July 2017-May 2021. Before Kishor, Ram Balak Mahto was the Chairman during September 2015-July 2017. Mahto was preceded by Akhauri Mangla Charan Shrivastavathe 17th Chairman during November 2012-September 2015. The current chairman was a member of the Council at since the tenure of Baleshwar Prasad Sharma, the 16th Chairman during May 2010-November 2012. Prashant Kumar Shahi, the current Advocate General of Bihar since January 2023 was the 15th Chairman during March 2008-May 2010. He was Advocate General during during 2005-2010 as well.He is ex-officio member of the Bihar State Bar Council. Manan Kumar Mishra, the current 31st Chairman, Bar Council of India (BCI) is the representative of BCI in the Bihar State Bar Council. Mishra was 29th Chirman of BCI as well.   

Notably, ahead of the Bihar State Bar Council elections in December 2023, The Gazette of India published a 2-page long notification dated June 23, 2023 on June 26, 2023 under the subject "The house in order to improve the Standard of Legal Profession further feels the need to repeal Rule 32 and new Rule 32 of Bar Council of India Certificate and Place of Practice". The new Rule 32 reads: "Rule 32. In case the term of elected members of any state Bar Council is likely to expire/expires due to delay in the process of identification of non-practicing advocates or verification of their certificates or delay in the preparation in the electoral roll for the election to the state Bar Councils due to the aforementioned reasons, the Bar Council of India may allow the elected members/and the office-bearers of the State Bar Council(s) to continue to function beyond their extended tenure under Section 8 of the Advocates’ Act, 1961 in order to complete the process of verification and in order to ensure that no non-practicing Advocate becomes a voter or a member of any state Bar Council. The State Bar Council(s) shall be required to complete the process of verification within a period of 18 months from the date of extension of their tenure by the Bar Council of India and shall complete the process of election within a period of 6 months therefrom. In case, of failure to complete the process of verification and the election within the said extended period as prescribed under this Rule, the Bar Council of India may dissolve the State Bar Council and shall proceed to constitute the Special Committee as provided under Section 8A of the Advocates Act, 1961." It also stipulates that "In case of any doubt or dispute as to the meaning, interpretation, execution of these Rules arises, the Bar Council of India shall be the final authority to settle such issues and its decision thereon shall be final."

Ratan Kumar Singh, the petitioner had filed in the High Court on February 16, 2024. It was registered on March 14, 2024. Arun Kumar, Prem Kumar Paswan, Ram Sandesh Roy, Alka Pandey, Pawan Kumar Singh, Farooque Ahmad Khan and Ram Jiban Pd. Singh were the counsels for the petitioner. The five other respondents were Chairman, Bar Council of India, Bihar State Bar Council, through its Chairman, Returning Officer, the Bihar State Bar Council Election- 2023, Chief Observer, Bihar State Bar Council Election- 2023 and all the Members of Bihar State Bar Council. 

The dispute regarding December 2023 election of the Bihar State Bar Council is pending before the Election Tribunal, one of the 15 committees of BCI. It is noteworthy that doctrine of ejusdem generis is relevant in this regard. The expression ejusdem generis-”of the same kind or nature”-signifies a principle of construction whereby words in a statute which are otherwise wide but are associated in the text with more limited words are, by implication, given a restricted operation and are limited to matters of the same class are genus as preceding them. If a list or string or family of genus-describing terms are followed by wider or residuary or sweeping-up words, then the verbal context and the linguistic implications of the preceding words limit the scope of such words. But the preceding words or expressions of restricted meaning must be susceptible of the import that they represent a class. It implies that the Election Tribunal, is essentially a committee of the BCI. 

In a significant development, given the fact that at present, Bihar State Bar Council does not have duly elected members, it has removed the page mentioning the names of members of the Bar Council from 2025 issue of the Bihar Bar Council Journal, although the same was mentioned in the 2024 issues. (Photo:Journals of Bihar Bar Council) Significantly, ahead of the Bihar State Bar Council election, three Central Election Tribunals/Committees were constituted on June 25, 2023 which published as the 18-page long notification dated October 9, 2023. The notification on the subject of "Regulations Governing the procedure for Election Petitions and applications Before the Central Election Tribunal/Committees of the Bar Council of India for resolution of issues relating to Election Disputes and other related matters of elections of the State Bar Councils and the Elections of Member Representatives to the Bar Council of India from the State Bar Councils" was published in The Gazette of India. The BCI claimed that it constituted these three Central Election Committees/Tribunals for looking into and ensuring free and fair elections of different State Bar Councils in the light of directions/observations of Supreme Court in the year 2017. Every Tribunal as per Rules in this regard is headed by a former Chief Justice of High Court who is the Chairman and two other former Judges of High Courts as per the prescribed Rules. Past experience has shown that at many places many Advocates, who fill up the verification forms, still go missing from the list of voters, while several names are included without any verification forms. This apart, thousands of names/father names/enrolment numbers are wrongly mentioned in voter lists. Sometimes very ugly scenes are created at polling booths, at the time of election, and/or during the counting of votes. Even there are complaints of large-scale adoption of corrupt practices, distribution of money etc. for votes, and the use of posters/hoardings against the norms and Rules of Bar Council of India, which makes the candidature of a candidate liable to be cancelled/rejected. The BCI constituted these Committee(s) to adjudicate and decide such issues/disputes and also to decide/resolve all the objections, issues relating to elections right from any objection relating to electoral roll, acceptance/rejection of nomination, matters/complaints relating to adoption of corrupt practices or use of unfair means in the elections and/or to decide any sort of dispute/matter relating to election of Members of State Bar Council or BCI as the case may be. The day to day affairs of the State Bar Councils are to be looked after by the State Bar Councils only, but the orders or directions of these Tribunals/Committees will be binding on the State Bar Councils, Returning Officers and/or the Observers with regard to the process of election. The Tribunal has been empowered to address and dispose off interim matters, complaints, or other applications expeditiously in a summary manner, and it may do so without requiring a formal hearing with the involved parties, on the basis of documentary evidence before it. Besides this, the Tribunal is empowered to take cognizance of some matters suo motto and is vested with the ability to proactively initiate proceedings in certain instances, and may issue directives or orders as necessary to uphold the principles of fairness and transparency throughout the election and counting processes. 

The notification provides details about the composition of the Tribunals. Tribunal No. 1 comprises of Justice L. Narasimha Reddy, Former Chief Justice, Patna High Court,  Justice Arun Tandon, former Judge, High Court of Allahabad and local former Judge to be nominated by the State Bar Council. Tribunal No. 2 comprises of Justice S. Mukherjee, Former Chief Justice, High Court of Karnataka,  Justice Shivaji Pandey, former Judge, Patna High Court and  local former Judge to be nominated by the State Bar Council. Tribunal No. 3 comprises of Justice Rajendra Menon, Former Chief Justice, High Court of Delhi, Justice M. Sathyanarayanan, former Judge, Madras High Court and local former Judge to be nominated by the State Bar Council.   

The notification states that "An appeal may be filed within 60 days of the Tribunal's order being communicated to the party as provided under Section-38 of the Advocates Act, 1961." It provides a note which reads: "On earlier occasions, the petitions were filed against the order passed by the Central Election Tribunal (s) of B.C.I. only before the Hon’ble Supreme Court." It implies that High Court need not entertain appeal against Tribunal's order. It also states that "Where no specific provision is made in the procedure/rules the direction of the Tribunal may be sought".

Also read: Make Audit Report of Bihar Bar Council, Bihar State Advocate Welfare Trust Committee online: Ram Jiban Prasad Singh, Candidate, Bihar State Bar Council 

What time Bar Council takes to constitute a committee is not within the domain of Patna High Court 

In Kaushal Kishore vs. The Bihar State Bar Council Patna through its Chairman & Ors. (2024), Justice Rajiv Roy of the High Court had heard the application seeking issuance of appropriate writ, order or direction to the Chairman, Bar Council of India and Chairman, Bihar State Bar Council to dispose of an Election Appeal no. 02/2023 which was pending before the Election Tribunal, Bihar State Bar Council, Patna within a shortest period. The matter related to the election of Office Bearers of the District Bar Association Patna Civil Court in which the petitioner was a candidate for the post of President but he was defeated. Subsequently, under Section 19(x) of the Uniform Rules for Bar/Advocates/Lawyers Association of Bihar, a petition was preferred before the Bihar State Bar Council on August 28, 2023 which led to Election Appeal No. 02 of 2023. The counsel for the petitioner had submitted that rule 19 (12) stipulates that the said election petition has to be disposed of in two months. The case was filed in the High Court on July 15, 2024 and registered on July 31, 2024.  

In his 4-page long order dated August 1, 2024, Justice Roy recorded: "6. The Bihar Bar Council is represented and it has been contended by learned counsel that due to election process was continuing in the Bihar State Bar Council, the matter could not be taken up. The committee came to be constituted in the month of February, 2024 only and the Election Tribunal of the Bihar State Bar Council has yet to be constituted." But the order does not mention the name of the counsel of Bihar Bar Council. 

The Court's order reads: "It is unfortunate that after stipulating a particular period for the disposal all the election petition, the Bar Council is sitting over the matter. Admittedly, even going by their assertion, the fresh committee has come into existence in the month of February, 2024 and we are today in the month of August, 2024." 

Justice Roy added:"In that background, what time the Bar Council takes to constitute a committee is not within the domain of the Patna High Court but can only advise/request that since number of such cases may be pending, the same should be constituted as early as possible and the present election petition no. 02/2023 must be taken to its logical conclusion. Though two months have been stipulated rules itself, the court expects that the final order will be passed by 31 st of December, 2024."