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(Guest)

Bci delay / negligence

A disciplinary complaint filed against an advocate in BCTNPY has been deliberately dragged for 10 months by BCTNPY without any action. After 10 months, they called me to appear several times - intimidated, threatened and coerced me to settle by accepting some cash from the advocate, without taking this to the formal questioning stage. I filed a petition to BCI, requesting to take action against this harassment by state bar under section 48B and reopen the mishandled case under 36B (as BCI rules state that settlement or withdrawal is not a reason for closure of disciplinary proceeding without proper inquiry). Since sending hard copies of my complaints, I have followed up with Bci several times asking for diary number, but I don't get any response, even as a courtesy. - How long does it take for BCI to diarise a complaint / provide acknowledgment? - Local advocates are hesitant to support with a writ petition, as my complaints are against the state bar and against an advocate who cheated my cash (they are prioritizing their fraternity over justice). - BCI receptionist doesn't entertain callers that don't speak Hindi, and emails go without response. Can I get support from a delhi-based lawyer in this regard? (either to get my complaints acknowledged/ diarised, or to rile a writ in delhi HC/SC)


 2 Replies

Advocate Zahir Ulla Khan (Lawyer )     13 December 2025

Hi,

Although You already studied your case properly but I want to clarify few things for your short note.

First, Normally Bar Council takes 30 to 60 days to initiate any proceeding. (May vary State to state)

2. Second, Bar Council will issue Show Cause Notice to concerned Advocate within 2-3 months

3. Inquiry and examining of evidences will start only after that (time span 3 to 6 months)

4. Order (within 1 year)

 

You may file RTI for status if you are not being updated on your complaint.

Supreme Court of India mandated timely disposal of such complaint/s.

 

After 1 year, if your complaint is not addressed then you can approach your concerned High Court. Suggest you to keep all the records in your hands.

 

Practically such complaints are resolved with in 6 to 8 months in most of the cases.


(Guest)

Hello Mr Zahir, 

Thanks. BCi didn't seem to care. They replied to my rollowup email, asking me to pay 5k as "withdrawal fee" which is irrelevant for someone submitting petition. - Seems BCI would need a nudge - hence thought a writ certiorari (to render the improper closure by BCTNPY void ab initio) and writ mandamus (to transfer the complaint to Bci) would "force" them to take this seriously.

I wonder if I can get support in drafting the writs - there is efiling portal from where I can submit and appear as Pip - trying to see if I can avail drafting help frim anyone here


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