Delhi HC questions BCI rules on foreign law firms

New Delhi, Nov 13: The Delhi High Court on Thursday raised concerns over the amended Bar Council of India (BCI) Rules that allow disciplinary action against foreign law firms based solely on a preliminary inquiry, reports Br & Bench.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed that the Rules impose major penalties, such as suspension of registration, without ensuring a full investigation or opportunity of hearing.

The court indicated that the provisions may need to be amended or read down to comply with principles of natural justice. The Bench was hearing a petition filed by CMS IndusLaw and four of its lawyers seeking details of the basis on which the BCI issued a show-cause notice against the firm. The BCI had earlier sent notices to CMS IndusLaw and Dentons Link Legal over alleged unauthorised collaborations between Indian and foreign law firms. Senior Advocate Amit Sibal, appearing for CMS IndusLaw, questioned the legality of the proceedings and the approval process of the Rules. The court directed the BCI to defer its proceedings scheduled for November 16 and asked its counsel to obtain instructions before the next hearing next week.