LOOT in BAR COUNCIL, PATNA.
COUNTER AFFIDAVIT ON BEHALF OF THE RESPONDENT NO.14.
2) That the prayer made in para-1 of the writ petition is excessive and it appears that the petitioners are confused to raise their grievance.
3) That the grounds taken in para-2 of the said writ petition are not in accordance with law because no consent was taken from all of the lawyers including practicing and being enrolled regularly. Moreover, perhaps accounting and auditing is being made in accordance with the provisions contained in Section-12 of the Advocates Act. Moreover, the Bar Council is duty bound to perform its duty in accordance with law i.e. Section-6 and Accounts & Audit in accordance with Section-12 of the Advocates Act. The respondent no.14 has no knowledge as to whether accounts and audit of the Bar Council is being made in accordance with law or not.
4) That so far as statement made in para-3 in writ petition is concerned it is stated that it was falsely asserted that the petitioners are continuously fighting for uprooting the corruption in respondent council. The truth is something else. So far as petitioner Sangh is concerned it has always worked to unsettle the Bar Council and one good example is representation of the Sangh dated 20/02/08 signed by its president addressed to the Chairman, Bar Council of India. The same was filed for not granting the extension to the elected body of the Bar Council and accordingly no extension was granted and special committee has been constituted which illegally continued to work for more than 2 years in place of ‘one year’ as provided in Section-8A(3).
A copy of the said representation dated 20/02/08 is hereto annexed and marked as Annexure-A.
5) That it is wrong to say that Bar Council is not functioning in accordance Section-6 of the Act but it is true that all of the provisions contained in Section-6 of the Advocates Act have not been actually implemented.
6) That so far as statement made in para-5 in the writ petition is concerned it is stated that the report contained in Annexure-1 (dated 13/06/03) has been taken into account by the general body of the Bihar Bar Council on 15th August, 2011 and present Chairman has been given clean chit on the eve of the Independence Day i.e. Annexure-16 at page-78 of the writ petition vide revolution no.136/11. Therefore, present Chairman has been maliciously dragged in the present case of the PIL with uncertain oblique motive.
7) That so far as statement made in para-6 is concerned it is stated that it appears from the letters contained in Annexure-2 & 3 that
the present Chairman alleged as follows “compelling me to think that ought not have opposed misuse of lakhs rupees of BCI welfare fund over various purchases, wistful expenses over telephone in office and personal chamber, unauthorized payments to backdoor appointments”.
The aforesaid letters was sent on 11/09/07 by the then Vice-Chairman of Bihar State Bar Council namely Sri Baleshwar Pd. Sharma to the then Chairman of BCI namely Sri Suraj Narayan Pd. Sinha.
Sri Sinha respondent No.9 replied the aforesaid letter of present Chairman respondent no.5 vide Annexure-3 and some important lines is being quoted below “so installation of phone and facts if tantamount to wasteful expenditure then place a resolution for removing the same and I will join hands with you”. So far as other example of corruption is concerned that has been alleged in specific terms available at page-32 para-3 onwards and continued upto the middle of the page-33 of the writ petition.
From perusal of aforesaid letters it is evident that corrupt practices in certainly going on since long in the Bihar Bar Council including construction of building of the Bar Council, therefore, for a fair dealing an independent enquiry by independent body is necessary for separating water from the milk.
However, one thing is clear that the then Vice-Chairman present respondent no.6 is certainly guilty for misconduct for violating the Rule-36 of the BCI Rules by using the letter pad of Vice-Chairman as well as his name in the same letter head.
8) That so far as statement made in para-8 is concerned it is stated that the statement is vague as period has not been disclosed by the petitioners.

-7- That so far as statements made in para-10 is concerned the same requires consideration by the expert and independent enquiry agency as it transpires that one accountant of the Bar Council can not embezzle crore and croes rather there is every chance of involvement of so many Hon’ble members including Hon’ble Chairmans of different periods.
10) That so far as statement made in para-11 is concerned it is stated that on 04/03/08 the answering respondent has filed a representation against the Constitution of Special Committee because the same was not in accordance with law.
A copy of the said representation dated 04/03/08 and 16/07/08 are hereto annexed and marked as Annexure-B and B/1.
11hat the statements made in para-12 & 13 is concerned it is stated that several cases have been filed by the parties against the order referred in para-12. One Sri Prem Kumar Jha has filed Civil Review No.160/08 and Bar Council of India has preferred LPA No.610/08 but both the cases could not succeed and ultimately dismissed.
Orders of both the cases are hereto annexed and marked as ANNEXURE-C.
12) That so far as statement made in para-14 is concerned it is stated that the provisions contained in Section-8A(3) of the Advocates Act requires review and reconsideration by the Indian Parliament as Bar Council of India has no power to grant more than one extension but it was experienced that the Special Committee always continued illegally for more than the period exten by the BCI for example in the year 1999 the Special Committee was Constituted for the Bihar State Bar Council and continued up to the year 2003 and recently in the year 2008 Special Committee has been Constituted which continued up to the year 2010. Therefore, two Special Committees regularly worked for three and two years respectively though the tenure and term for elected body is of only five years. Therefore, the same is not sustainable in eye of law.
13) That so far as statement made in para-15 is concerned the answering respondent states that he has also filed several representation for taking action against respondent no.5,6,9,10 & 11 but no action was taken either by the Bihar State Bar Council or by the Bar Council of India rather respondent no.14 has been prosecuted illegally. For example the answering respondent is producing some of the representations i.e. representation dated 26/11/07/11/08, 01/12/08, 05/12/08, 26/03/09, 02/04/09, 04/09/09, 18/09/09, 18/11/09, 29/09/10, 02/10/10, 28/10/10, 05/11/11, 08/11/11, 18/11/11, 16/12/11, 19/12/11, 21/12/11, 14/01/12 & 16/01/12. But unfortunately the Bar Councils are unable to decide the same and sitting tight over the matter. Therefore, it is established that there is no rule of law is prevailing in the Bihar State Bar Council rather the Bar Council is functioning completely against the sanction of law.
Copie
14/01/12 & 1/12 are hereto annexed and marked as Annexure-D Series respectively.
14) That it would not out of place to mention here that the answering respondents filed several cases in this Hon’ble Court against the Bihar State Bar Council and Bar Council of India and accordingly a list of case with result is being produced below:-
Case No. Order with Dates Reported / Unreported with Reference
CWJC No.4310/08. Allowed on 10/07/08. PLJR, 2009(1), Page-260
MJC No.2001/08 PENDING Unreported.
CWJC No. 1580/09.(PIL for holding Election) Allowed on 13/04/09. BBCJ 2010(1), page- v-149.
MJC No.1946/09 (Contempt) PLJR, 2009(4), page-610.
CWJC No.10226/09 Dismissed on 13/04/09. Unreported.
LPA No.1100/09 Admitted, Stay & Listed for Hearing PLJR, 2010(1), page-171.
A Copy of the asaid orders are hereto annexed and marked as Annexure-E Series.
15) That the statement made in para-16 of the writ petition is related with the 22/05/09 is concerned it is stated that the term of the special committee was expired on 12/03/09 therefore, whole exercise of the Special Committee, Bihar State Bar Council is completely illegal and can not be legalized as the Special Committee has no right to continue after extended period which expired on 12/03/09. Therefore, all expenditure made after 12/03/09 are fit to be recovered with interest in the interest of the general lawyers more than lakhs in number in the State of Bihar.
16) That so far as statement made in para-17 is concerned the answering respondent is producing letters / resolutions / informations / orders by State Information Commission, Patna to show the inability of the officials of Bar Council.
A copy of the said rs are hereto annexed and marked as Annexure-F Series.
17) That so far as statement made in para-18 is concerned it is stated that the executive committee has no power to constitute any committee or sub-committee.
18) That so far as report dated 27/01/11 is concerned it is stated that the Bihar State Bar Council has taken cognizance and issued so cause notice to the guilty persons and the same is awaited but simultaneously it appears agenda no.3 of resolution no.137/11 dated 15/08/11 that altogether four reports are pending with the Bar Council and there was no audit since 01/04/05 has been commenced in Bar Council and the same is highly objectionable and completely against the provisions contained in Section-12 of the Act. Therefore, external audit and enquiry is needed.
19) That the statement in 23 & 24 is true and the answering respondent has already produced all communications and orders vide annexure D & F Series.
20) That so far as statement made in para-25 is concerned the answering respondents challenge the statements regarding his involvement in corruption simultaneously accepts that special committee has taken cognizance against him on 14/01/09, passed order under RTI Act on 15/01/09 and case has been referred to the disciplinary committee and disciplinary committee returned the same to the Special Committee and the Special Committee referred the matter to the Bar Council of India for which the reasons best known to them.
A copy of the said order dated 14/01/09, 15/01/09, 29/01/09 summary of the disciplinary
committee undated along-wittter dated 23/06/09 are hereto annexed and marked as Annexure-G Series.
21) That the LPA No.1100/09 is listed before D.B.-I of this Hon’ble Court at Sl. No.174 under heading “for hearing” therefore, both the cases may kindly be heard together for easy access of the materials and also in order to secure justice and also for ends of justice for reaching on just and proper conclusion.
22) That so far as right to information Act is concerned the Bihar State Bar Council has no intension to implement the provisions contained in its Section-4 for securing transparency and also for easy access to the information to the general lawyers of the State and Country. It is not out of place to mention that there is no transparency in the activities of the State Council though the same has been claimed by Bar Council on several occasion butthere is no symmetry between sa and doing which is unfortunate and can not be excused.
23) That the Bar Council is become a temple of corruption and it is only my lords who can save the same from ruining.
24) That the answering respondent is still fighting for establishment of Rule of Law through several representations and also by filing cases before this Hon’ble Court as well as other forums and to prove the same producing some documents to prove the same.
A copy of the said orders issued by State Information Commission are hereto annexed and marked as Annexure-H.
25) That the answering respondent is also producing the synopsis of LPA No.1100/09 in order to assist this Hon’ble Court for the purpose to reach on just conclusion of the case.
A copy of the said synopsis of LPA 100/09 is hereto annexed and marked as Annexure-I.
26) That the answering respondent has also filed Civil Review No.1/10 but the Bar Council is sitting tight over the matter.
A copy of the said review petition is hereto annexed and marked as Annexure-J.
27) That the petitioners have every right to lodge prosecution against the culprits but they have not filed any complaint for lodging FIR therefore, the writ petition is fit to be dismissed with cost as no one has prevented them to lodge prosecution.
28) That the Chairman Bihar State Bar Council and it its Members are regularly misusing their power and Chair by placing sign boards in front of his chambers and cars which is violation of rule-36. The present Chairman recently used his illeletter pad showing himself “Baleshwar Pd. Sharma, Chairman Bihar State Bar Council” and also issued letters on said pad.
A copy of the said pad is hereto annexed and marked as ANNEXURE-K.
29) That the Bar Council of India and Bihar State Bar Council are also involved in illegal activities like giving call for strike and recently the coordination committee through its Chairman namely Yogesh Chandra Verma published a notice and get the same pasted on the notice board of the different associations of High Court. The same is illegal and good example of misuse of power and chair as he failed to produce the resolution / letter of the Bar Council to do so.
A copy of the said notice dated 18/01/12 is hereto annexed and marked as Annexure-L.
30) That I have gone through the contents of this Affidavit and fully understood the same.