AAP opposes action against party legal cell chief; demands BCI to withdraw its arbitrary order

Dec 08, 2024

New Delhi [India], December 8 : The Aam Aadmi Party (AAP) opposed the Bar Council of India's (BCI) decision to remove senior lawyer and AAP legal cell chief Sanjeev Nasiar from his post as vice-chairman of the Bar Council of Delhi.
Calling it a 'punishment' for his support of AAP, senior party leader and MLA Durgesh Pathak highlighted that a complaint against Sanjeev Nasiar, dismissed by the Delhi High Court over a year ago, was later referred to the CBI without investigation.
Sanjeev Nasiar has pointed out that the Bharatiya Janata Party (BJP) is using the Bar Council of India as a weapon against him but remains defiant, declaring he will not be intimidated by the inquiry.
Pathak said, "Today, the Bar Council of India, an institution responsible for ensuring justice, has committed grave injustice. Sanjeev Nasiar, a renowned lawyer from Delhi who has dedicated his life to the welfare of lawyers has been punished for his ideological support to the AAP."
"Delhi, under the leadership of Arvind Kejriwal and Sanjeev Nasiar, is the only place in the country where substantial work for lawyers' welfare has been done. Together, they allocated Rs 50 crore from the budget for lawyers' relief, introducing a groundbreaking scheme through which every lawyer and their family can avail up to Rs 5 lakh in medical treatment provided by the Delhi government. This is a historic first--not only in India but perhaps globally," he added.
Durgesh Pathak further added that, however, a complaint was filed against Sanjeev Nasiar 1.5 years ago which was dismissed by the High Court. Despite this, the Bar Council of India forwarded the complaint to the CBI and acted against him. Without issuing a notice, calling him for clarification, or hearing his side, they decided to remove him.
The AAP MLA affirmed, "This is entirely against the basic principles of justice. Justice demands that when a complaint is received, both parties should be heard, evidence from both sides should be considered, and only after investigation should a decision be made. In this case, there was no investigation--only a forwarded complaint and immediate action. Such an incident is unprecedented and goes against the very foundation of our judicial system."
He further added that Sanjeev Nasiar has dedicated 30-35 years of his career to serving society and the nation. His sole 'mistake' is supporting the AAP and relentlessly working for the welfare of lawyers. This action against him is unjust, condemnable, and a violation of constitutional and judicial principles. The AAP strongly opposes this injustice and demands that this error be corrected immediately.
Meanwhile, AAP Legal Cell State President Sanjeev Nasiar said, "Today is indeed unfortunate. The Bar Council of India, the largest body for lawyers, has taken an unexpected and unjust action. The chairman of the Bar Council, who recently became a Rajya Sabha MP from the BJP, issued an order through a press release. Until now, I have not received a copy of this order."
Sanjeev Nasiar further added, "Since becoming a lawyer in 1988--36 years ago--I have represented over 30,000 court cases, worked tirelessly, and served the largest and oldest bar association in Asia. My dream has always been to create a robust social security system for lawyers, which can only be achieved with government support."
He mentioned, "In 2015, during the 125th birth anniversary celebrations of Dr. B.R. Ambedkar, I raised this demand on the platform of the Bar Council of Delhi. At that event, under the directions of CM Arvind Kejriwal and Deputy CM Manish Sisodia who was the guest of honour, a historic decision was made. Delhi became the first state in India to introduce a cashless medical policy for lawyers, their spouses, and two dependent children, covering up to Rs 5 lakh. Additionally, a Rs 10 lakh term insurance benefit was introduced."
"This scheme, launched in 2020, provided relief to hundreds of lawyer families during the COVID-19 pandemic. Nearly 400-500 families who lost their loved ones received Rs 10 lakh each, and approximately 8-10 thousand lawyers have benefited from the medical policy," he shared.
Sanjeev Nasiar stated, "We have scheduled a grand thanksgiving program tomorrow at Tis Hazari Court to honour Arvind Kejriwal, the visionary behind this transformative policy. The event is being organized by the Bar Council of Delhi, where I had the privilege of serving as Vice Chairman and Program Coordinator. However, this recent action against me appears to be a deliberate conspiracy orchestrated by the BJP, using the Bar Council of India Chairman as an instrument."
He noted that the issue revolves around a complaint regarding his degree, which he received from a university in 1988. This degree has been verified three times by the Delhi High Court. On August 24, 2024, the High Court dismissed the complaint, stating: "Bar Council of Delhi accordingly directed to provide the requisite documents/certificate records to the Bar Council of India (BCI). Needless to say, it would be open to the BCI to conduct inquiry/take action as it may deem appropriate in any event of any wrongdoing being uncovered on the part of the concerned university."
"Non-cooperation of the behaviour of the university officials during inquiry further cast serious doubts on the authorities of the authenticity of the degree. There is no basis for the prayers made by the petitioner against respondent number three, Sanjeev Nasiar, the petition against the respondent therefore (Sanjeev Nasiar) is dismissed," said Sanjeev Nasiar quoting High Court's order.
Sanjeev Nasiar said, "The High Court's order emphasized that if there was non-cooperation from the university, the issue should have been addressed with the university, not me."
"This petition was dismissed on August 12, 2024, and no petitioner filed an appeal against it. Despite this, the Bar Council of India acted without providing any notice, communicating, or conducting an inquiry. Today, they suddenly issued an order referencing a meeting held on August 7, 2024, specifically targeting me. This comes just ahead of the significant thanksgiving program scheduled for 9th December, organized under the banner of the Bar Council of Delhi. The program is to feature former Delhi CM Arvind Kejriwal and current CM Atishi, who may make important announcements in the interest of lawyers. This order by the BCI is nothing less than a conspiracy to disrupt the scheduled program," he asserted.
Sanjeev Nasiar affirmed, "I welcome any inquiry by the CBI or any other authority. I will not be intimidated. Every document of mine has already been verified, and the High Court has upheld this. Their failure to challenge the High Court's order amounts to contempt. BJP's attempt to sabotage tomorrow's thanksgiving program will not succeed. The Bar Council of Delhi is determined to make it a grand success."