Delhi HC stays BCI's decision to remove Advocate Sanjeev Nasiar as Vice Chairman of BCD

New Delhi [India], December 9 : The Delhi High Court on Monday stayed the Bar Council of India's (BCI) decision to remove Advocate Sanjeev Nasiar from his position as Vice Chairman of the Bar Council of Delhi.
The BCI had ordered his removal on Saturday following allegations regarding the authenticity of his LL.B. (Hons.) degree.
The court also directed the Central Bureau of Investigation (CBI) not to take any action against Nasiar at this stage, noting that the issue primarily concerns his degree, which is also held by many other students. The BCI has currently focused its investigation solely on the petitioner, without extending it to other individuals.
Advocate Sanjeev Nasia, the Chief of the AAP Legal Cell, on Monday, moved Delhi HC challenging the decision by the Bar Council of India (BCI) to immediately remove him from his position as the Vice Chairman of the Bar Council of Delhi.
The BCI has also instructed the Bar Council of Delhi's Secretary to seek a Central Bureau of Investigation (CBI) inquiry into the veracity of Nasia's academic credentials and the potential fabrication of related records.
Appearing for Nasiar, Senior Advocate Vikas Pahwa argued before the Delhi High Court that the Bar Council of India's (BCI) decision to remove Nasiar from his position as Vice Chairman of the Bar Council of Delhi violated principles of natural justice, as no opportunity to be heard was provided. Pahwa emphasized that the BCI should have first investigated the role of the university involved before targeting the petitioner.
Pahwa further argued that the BCI did not have the authority to direct a CBI investigation, asserting that such a direction, if considered as information, would still violate the Delhi Special Police Establishment Act. He also pointed out that the removal of a Vice Chairman of the Bar Council of Delhi (BCD) is governed by specific rules under Rule 36, which outlines the procedure for removal. According to Pahwa, the BCI had no jurisdiction to interfere with the elected body of the BCD, and any attempt to remove a person from the BCI requires a no-confidence motion to be passed.
In response, the Bar Council of India (BCI) counsel strongly opposed the petitioner's claims, asserting that the Delhi High Court's order did not absolve Sanjeev Nasiar of any wrongdoing. The counsel emphasized that the Court had merely left the matter open for further action based on any wrongdoing uncovered, particularly by the sub-committee investigating the case.
BCI's counsel argued that Nasiar's academic records appeared to be tampered with, pointing out that the LL.B. (Hons.) degree in question was introduced in 2008, while the degree itself was from 1988, raising serious concerns that warranted further investigation. The counsel contended that in light of these irregularities, it was necessary to conduct a thorough enquiry, and during this period, Nasiar should not be allowed to hold the position of Vice Chairman to preserve the dignity of the post.
The Bar Council of India, in its meeting held on December 7, 2024, resolved to take immediate and decisive action in the matter concerning allegations of irregularities in the LL.B. (Hons.) Degree issued to Sanjeev Nasiar, Vice-Chairman, Bar Council of Delhi by Devi Ahilyabai Vishvavidyalaya, Indore.
This decision follows an inquiry conducted by a sub-committee constituted as per the resolution dated September 3, 2024, and in response to directions of the Hon'ble High Court of Delhi.
BCI issued a press statement stating that "The inquiry has revealed significant and glaring discrepancies in the records relating to Sanjeev Nasiar's Degree. The inspection of P.M.B. Gujarati Arts and Law College, Indore, disclosed that the college was not authorized to conduct an LL.B. (Hons.) Course during the relevant period."
The academic records provided to the sub-committee appeared tampered with or fabricated with uniform handwriting and ink consistency spanning an extended period. Additionally, it was established that the LL.B. (Hons) program was introduced under The Bar Council of India regulations only in 2008, rendering the degree in question, purportedly issued in 1988, inconsistent with regulatory requirements.
The non-cooperation and obstructive behaviour of university officials during the inquiry further cast serious doubts on the authenticity of the degree. The Sub-Committee constituted by the Bar Council of India, has after a thorough enquiry, concluded that the authenticity of the LL.B (Hons.) degree of Sanjeev Nasiar is highly questionable, the statement added.
Under its statutory authority under the Advocates Act, 1961, and the Bar Council of India Rules, the General Council of the Bar Council of India has resolved as follows.
"The report dated October 25, 2024, of the Sub-Committee regarding the enquiry of the LL.B (Hons.) degree of Sanjeev Nasiar is hereby adopted. The Secretary, of the Bar Council of India is directed to approach the Central Bureau of Investigation (CBI) with the request to hold an immediate investigation into the authenticity of the LL.B. (Hons.) Degree of Sanjeev Nasiar and potential fabrication of related records and take appropriate action. Pending the outcome of the investigation, Sanjeev Nasiar is removed from the position of Vice Chairman, of the Bar Council of Delhi," to the BCI statement read.