After the tense series of events following the Tis Hazari clash between lawyers and the police, Bar Council of India has written to bar bodies asking them to identify lawyers "indulging in hooliganism" and requested advocates to end their protest, which is "bringing bad name to the institution".
BCI Chairman Manan Kumar Mishra in his letter said sparing such "rowdy elements" is tarnishing image of the institution and it is the inaction and tolerance of bar bodies that encourage these advocates, which would ultimately result in "contempt proceedings by the high courts or Supreme Court".
"The way some lawyers are acting even after such a nice step of Delhi High Court, yesterday's (November 4) behaviour of few lawyers has disturbed us... Abstaining from Court or resorting to violence will not help us, rather by doing this we are losing the sympathy of courts, Inquiring judge, CBI, IB and Vigilance. Even general public's opinion is going adverse to us. Result may be dangerous," Mishra said in his letter.
The Delhi High Court took suo motu (on its own) cognisance of media reports of the incident on Sunday and said Justice (retd) S P Garg, a former judge of the court, would hold a judicial inquiry into the matter.
It directed the Delhi Police Commissioner to transfer Special Commissioner Sanjay Singh and Additional Deputy Commissioner of Police Harinder Singh during the pendency of the inquiry and made it clear that no coercive action would be taken against any lawyer.
The letter also appeals to the "big leaders of Bar Associations of Delhi" to recall the resolution passed on Monday, and to resume work from Tuesday itself.
It has also warned that the BCI would withdraw its support from the entire episode.
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"If the peace and harmony is not restored and resolution (to abstain from work) is not recalled, then we will have no option but to withdraw from this episode. We will neither participate in enquiry nor we will be in a position to defend anyone inside or outside Court.
The BCI called as meaningless and without any legal basis, the resolution put out by Bar associations on Monday, which said that they would go on an indefinite strike until the police personnels are arrested.
"The resolution of Coordination Committee (that police officials or personnel should be arrested first) is now meaningless and has no legal basis. We are to think this important aspect from legal point of view, so that we may not be laughing stock before the Society," the letter said.
The BCI has also asked the bar bodies to convene a meeting at 2 pm and to place its letter before the members.