The Bar Council of Delhi has written a letter to Prime Minister Narendra Modi opposing the permission granted to the foreign law firms to open their offices in the Special Economic Zone (SEZ) areas in India.
The letter, written on July 29, claimed that the permission granted to such law firms were taken without the concurrence of the Bar Council of India and State Bar Council, which is in violation of the provisions of The Advocate Act 1961.
"The legal community across the country has never accepted it. In the last three decades, there have been attempts made for the entry of foreign lawyers, which was resisted and opposed by the BCI, State Bar Councils and other bodies, so much so the protests were also held," the letter stated.
The letter brought attention to a case -- "Bar Council of India Vs AK Balaji and others", in which the Supreme Court directed the Reserve Bank of India (RBI) not to grant permission to any foreign law firms for opening office in India till further orders.
We have serious objections to the decision to permit foreign law firms in SEZ area in India without the concurrence of the parent body entrusted with the responsibility of the legal profession in India, the letter read.
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"The decision to permit foreign law firms to open their offices in India is being highly arbitrary, uncalled for and contrary to the interest of the legal fraternity in India had wider implications," it stated.
The council through its letter requested the Prime Minister to withdraw the Master Direction issued by the RBI in this regard.
It also sought withdrawal of amendment of Rule 76 of SEZ Rules, including the provision of Foreign Exchange Management Regulation (FEMR) 2016.
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