New Delhi, Sep 4 (PTI) Senior advocate Adish C Aggarwala, who has voiced his opposition against SCBA president Kapil Sibal over a resolution on the Kolkata rape and murder case, on Wednesday sought clarification from the Supreme Court as to who will be eligible to sign resolutions after a new voter list of the bar association was prepared this year.
Agarwalla, a former SCBA president, said he and a few members of the Supreme Court Bar Association (SCBA) were moving a no-confidence motion against Sibal and wanted the top court's clarification on which voter list would be valid.
The SCBA resolution issued by its president Kapil Sibal on the rape and murder of a junior doctor in Kolkata’s RG Kar Medical college has created a controversy. Rival bar leaders have raised several objections, including for charges of issuing it "without holding any virtual or physical meeting of the executive committee of the SCBA".
The SCBA resolution, issued on on August 21, appreciated the concern expressed by the top court bench headed by Chief justice of India and said, "The SCBA endorses the historic steps taken by the Hon'ble Supreme Court of India to address these concerns, especially steps taken to put in place a policy framework along with protocols to prevent the recurrence of such barbaric incidents. What happened in RG Kar Medical College and Hospital symptomatic of the malaise."
Aggarwala later wrote to Sibal, who also represented the West Bengal government in the case, asking him to withdraw the resolution.
He also claimed that several elected members of the executive committee of the SCBA wrote a letter to Sibal "raising strong objections on issuing the alleged Resolution dated August 21, on the letterhead of the SCBA and on behalf of the entire Executive Committee without placing it before the Executive Committee or discussing with any member of the Executive Committee."
Aggarwala said in case of non-withdrawal of the resolution, a no-confidence motion will be moved in the bar body against Sibal.
On Wednesday, Aggarwala filed an interim application in a pending 2003 matter of the SCBA seeking clarification on a previous order of the top court.
On March 4, the apex court bench, headed by Justice Surya Kant, had decided the issue pertaining to special general body meeting (SGBM) of the SCBA and had said: "We are prima facie satisfied that all those members who are eligible to contest and vote in the elections in terms of Rule..., shall be eligible to be invited and participate in the Special General Meeting (SGM) to be convened under Rule 22 of these Rules...".
Aggarwala, in his plea, said, “Till date, Kapil Sibal, senior advocate and president of SCBA, has not taken any positive steps towards restoration of faith of members in the integrity and credibility of SCBA.
"In light of the above said circumstances, the majority of the members of the SCBA have lost confidence in the leadership of Sibal...Therefore, the applicant along with esteemed members, is moving a no-confidence motion against Sibal."
The plea said in order to place a valid representation or requisitions in the SGM against the SCBA president, it has to be in compliance with the March 4 guidelines of the Supreme Court.
“But after that order, another voters list was prepared for the polling held on May 16, 2024 for the office bearers of the SCBA....now there is an ambiguity as to who shall be eligible to sign the representations/requisitions as after the order dated March 04, a fresh voter list of SCBA was prepared and therefore, a member whose name was present in voter list of 2023 and not appearing in voter list of 2024 may not be eligible...," it said.
It urged the bench to clarify that after the 2024 SCBA polls, who shall be eligible to sign the representations or requisitions of the bar body and who shall be eligible to be invited and participate in the Special General Body Meeting of the SBA, it said.