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2025 DIGILAW 1874 (SC)

Priyadarshini Saha v. Pinaki Ranjan Banerjee

2025-10-30

J.B.PARDIWALA, K.V.VISWANATHAN

body2025
ORDER 1. By our Order dated 17-10-2025, we had requested Ms. Radhika Gautam, the learned counsel appearing for the Bar Council of India to take appropriate instructions in the matter and revert on the next date of hearing. 2. Today, when the matters were taken up for further hearing, Ms. Radhika Gautam pointed out that the Bar Council of India has informed all Bar Councils across the country that they are duty bound to abide by the directions issued by this Court in the Judgment titled “Gaurav Kumar vs. Union of India & Ors.” (Writ Petition (Civil) No.352/2023 decided on 30-7-2024 : (2024) 6 Supreme 17 . 3. It appears that although the Bar Council of India has taken up the issue with all State Bar Councils as regards due compliance of the directions issued by this Court, referred to above, yet some of the State Bar Councils still continue to recover in excess of the statutory fee prescribed. 4. We give one last opportunity to the Bar Council of India to take up the aforesaid issue very seriously with all State Bar Councils and this time it should be in the form of a written circular. 5. Once the written Circulars reach each of the State Bar Council by email, then they should respond immediately to the Bar Council of India. 6. Let this exercise be completed by the Bar Council of India within a period of four weeks from today. 7. We make it clear that in future if it is brought to our notice that any of the State Bar Council is charging beyond the statutory fee prescribed, we shall proceed to hold the responsible authority guilty of contempt. This aspect should also be highlighted by the Bar Council of India in the Circular we are asking them to issue. 8. We also direct the Bar Council of India to inform all State Bar Councils that they cannot withhold the documents of the applicant(s) who have applied for enrollment. If any applicant(s) wants his documents back, those documents shall be immediately returned to the concerned applicant(s). 9. We make it clear that none of the State Bar Councils shall withhold the documents produced by the concerned applicant(s) on the ground of non-payment of fees demanded. If any applicant(s) wants his documents back, those documents shall be immediately returned to the concerned applicant(s). 9. We make it clear that none of the State Bar Councils shall withhold the documents produced by the concerned applicant(s) on the ground of non-payment of fees demanded. Once the amount as statutorily prescribed is paid by the applicant(s) and a request is made for return of the documents, those documents shall be immediately returned. List after four weeks. 10. Dasti is permitted.