BAR COUNCIL OF PUNJAB AND HARYANA SUSPENDS HIGH COURTS BAR ASSOCIATION PRESIDENT LICENCE

Priyanshi Manyura,

Law College Dehradun, Uttaranchal University

Allegations And Arrest of Vikas Malik

Controversies And Legal Actions Have Been Leveled Against Vikas Malik, the President of the Punjab and Haryana High Court Bar Association (PHHCBA). In connection with it, Malik was arrested by the Chandigarh Police on Friday i.e 12 July 2024. The arrest happened only two days after the Bar Council of Punjab and Haryana blacklisted Malik, and caused quite a lot of outrage in the legal profession. (Chishti, 2024)

Consequences Of Allegations And Actions

The allegations against Malik refers from First Information Report (FIR) No: 254/13 FIR made with Police Station Sector 3, Chandigarh, under sections 115(2), 126(2), 190, 191(2), 351(2), and 351(3) of the Bharatiya Nyay Sanhita (BNS). These allegations accuse Malik of physically attacking another advocate, Ranjit Singh, inside the compound of the PHHCBA. This case has provoked a lot of criticism on what is acceptable conduct and decorum among the legal persons. (Chishti, 2024)

This was after the Bar Council had retired Malik’s license given the other consistent accusations of misconduct, including altering of evidence. To rehearse some of the findings of the Council’s Disciplinary Committee chaired by Karanjit Singh, it was shocked to have learnt of the alleged removal of the hard disk/DVR of the CCTV in the PHHCBA office by Malik. This action was deemed as a way of hindering the course of justice in other investigations by eradicating important indices.

Threatening to do evil against innocent people is most heart rendering as per the allegation against Mr. Malik where his activities look like a plot to compromise the legal profession,’ remarked a Bar Council spokesperson. The Committee explained that such behavior would be considered improper and erode the public’s confidence in lawyers.

The time when Malik was holding the position of PHHCBA President is quite contentious. Earlier this year, he delegated his presidential responsibilities to the Vice President, Jasdev Singh Brar due to skyrocketing legal cases as well as internal conflict. This transfer took place after a High Court directive headed by Justice Gurmeet Singh Sandhawalia, who admitted the FIR Malik lodged for assault (Bar Council Suspends Vikas Malik's License, High Court President, 2024).

Challenges And Repercussions For PHHCBA

Malik’s legal drama reaches a significant point of his arrest and suspension of his license. In addition to the assault allegations, Malik has other allegations of embezzling financial charges, professional misconduct pointed out by the Punjab and Haryana High Court advocates in PIL. Others are embezzlement of association funds, which continues to be a vice that mars his leadership.

Additionally, the Chief Justice’s office or the PHHCBA says that it has received a number of complaints of sexual harassment that involve female advocates and the staffs of the PHHCBA. These are grave allegations and thus have led to some demanding that Bar Council carry out investigations to maintain professionalism and more to ensure that vulnerable ones are protected while at work.

Retired legal minds and current all individuals of the judiciary call for keeping to the ethical standards among the legal profession. A senior advocate conversant with the case affirmed this by saying, ‘The staying of Mr. Malik’s license and his arrival arrest highlight the want for stringent mechanisms of accountability.’

The events that have been witnessed in the case of Malik have raised questions within the professional associations concerning laws and regulations. There is a need especially for better governance to ensure that other arms of the legal institutions regain or even improve their credibility, a legal expert observed.

With Malik currently in confinement while in rem awaiting legal procedures such as bails, trials, and investigations, the PHHCBA strangely conveys numerous obstacles in its endeavor to beautify and regain the public’s confidence in the transparency of its organization. (Correspondent, 2024) The findings of these proceedings presuppose to shape the governance reforms and ethical standards of the bar associations.

The arrest of such a figure as the sitting bar association President has also led to other concerns rising mainly concerning leadership and accountability in professional organizations. Till now a check on legal professionalism, the PHHCBA now stands to face a turning point in its institutional identity.

Malik’s arrest could be deemed a turning point in the organization’s historical development, raising awareness of the need to adhere to professional and ethical standards in the legal field. Supporters and spectators of trials expect more shifts that respond to the legal profession’s ethical and governance changes.

Members of the PHHCBA of course have expressed specific concerns for the outcome in the case as they relate to the viability, sustainability and healthy repercussions the situation will bring as an association. A member of the PHHCBA who spoke on anonymity said: “The recent events have given a black reputation to our association; we need to get back on the right side and make sure we exemplify justice for the people.”

Furthermore, Malik’s arrest suggested discussions related to legal governance and professionalism in Punjab and Haryana legal processes. Experts in the area of law underscore the elements of legalistic approach to specialties, their strict control and adherence to the principles of legal molarity. An academician in law who majors in legal ethics said, “The case of Mr. Malik aptly captures the dire need to enhance internal control structures of such associations in order to combat and deal with the vice adequately.”

In the future, the stakeholders expect that the case against Malik shall make a precedent basically the extra-judicial probe, alleged misconduct, and criminal behavior in the legal fraternities. The decision will not only determine Malik’s overall vocation as well as future, but will also contribute to the formulation of policies and measures for the enhancement of ethical principles and accountability in legal administration. (Correspondent, 2024)

REFERENCES

1.Hindustan Times, Chandigarh HC Bar Body Chief’s License Suspended, https://www.hindustantimes.com/cities/chandigarh-news/chandigarh-hc-bar-body-chief-s-licence-suspended-101720640727925.html (last visited Jul. 17, 2024).

2.The Lawsuits, Bar Council Suspends Vikas Malik's License, https://thelawsuits.in/bar-council-suspends-vikas-malik-license-high-court-president/ (last visited Jul. 17, 2024).

3.Live Law, Bar Council of Punjab and Haryana High Court Suspends License of High Court Bar President Vikas Malik, https://www.livelaw.in/news-updates/bar-council-of-punjab-haryana-suspends-license-of-high-court-bar-president-vikas-malik-262953 (last visited Jul. 17, 2024).