What to do when State Bar Council and BCI are not acting on complaint against an advocate?
Situation : I had filed a complaint against an advocate u/s 35 of Advocates Act in State Bar Council. They gave complaint no. and told they would take it up in due course of time. Nothing happened on my complaint for 01year.I requested BCI to take it up u/s36(2).BCI replied stating my case is not covered u/s36(2) as action can be taken only if complaint is pending before Disciplinary Committee of State Council.They also said my complaint had not yet been taken up by State Council. Nothing has happened in last 01 yr 08 months now. Does 01 yr start from time complaint is referred to Disc.Committee of State Council? How can I ensure Committee acts on the complaint without delay? As State Council is doing nothing and BCI has refused to take the complaint u/s36(2), what is the solution? Is BCI supposed to take action under any other legal provision? Should I approach State HC/SC to direct BCI to take up the complaint and conclude it?
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You may approach high court and it will issue directions to the concerned Bar association to complete the investigation against the advocate within a time bound period.
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