Ms. Jane Cox v. Bar Council Of India And ORS.

903-OSWP-1728-2006.DOC Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1728 OF 2005 Jane Cox

...Petitioner

Versus

Bar Council of India & Ors

...Respondents

Mr Venkatesh Dhond, Senior Advocate, with Jighasha Pandya, Karishma Rao, i/b Bennet D'Costa, for the Petitioner. Mr Shekhar Jagtap, with Rhea Francis, for the Respondent-Bar Council of India.

CORAM:

G.S. Patel & Neela Gokhale, JJ.

DATED:

28th February 2023 PC:- 1.

Counsel for the Petitioner and the 1st Respondent agree, on instructions received, that reasons are not necessary for the following order. This consent is noted. The Petition is listed today for orders/final disposal.

2.

The Bar Council of India has instructed Mr Jagtap to state that, in the facts and circumstances of the present case, the impugned order dated 28th February 2005 of the Bar Council of India ("BCI") may be set aside, and the issue of question of the Petitioner's right to practise be concluded in the Petitioner's favour. 28th February 2023

903-OSWP-1728-2006.DOC 3.

Accordingly, in view of the statement, make Rule absolute in terms of prayer clauses (a) and (b), which read thus: "(a) That this Hon'ble Court may be pleased by a Writ of Mandamus or in the nature of Mandamus or any other appropriate writ, order or direction, to call for the record and proceedings leading up to the order of the Respondent No.1 dated 20.02.2005 in Revision Petition No.25 of 2004 annexed above at Exhibit 'S' and, after going into the legality and propriety thereof, to quash and set aside the same;

(b) That this Hon'ble Court may be pleased by a Writ of Mandamus or in the nature of Mandamus or any other appropriate writ, order or direction, directing the Bar Council of India dismiss Revision Petition No.25 of 2004, annexed above at Exhibit 'Q'.

4.

The question of law raised in the Petition is expressly kept open in regard to persons other than the present Petitioner. 5.

The Petition stands disposed of in these terms. There will be no order as to costs.

( Neela Gokhale, J) (G. S. Patel, J) by SHAMBHAVI NILESH SHIVGAN Date: 2023.03.01 15:47:45 +0530 SHAMBHAVI NILESH SHIVGAN 28th February 2023