The Bar Council of India (BCI) has passed a resolution barring three Congress leaders and senior lawyers — Kapil Sibal, Abhishek Manu Singhvi and Vivek Tankha from appearing before the Chief Justice of India Dipak Misra. The resolution, which was passed on March 18 and released on Saturday, bars MPs and MLAs who are also practising advocates from appearing before "that Court or Judge," whom they seek to impeach.

"The BCI has come to a final conclusion that we cannot stop or ban MPs from practising in courts, but there is an exception to it. Lawyer-MPs or -MLAs, if they start any motion for impeachment or a removal proceeding against any high court or Supreme Court judge, they will not be allowed to practise in that particular court. This is the majority view of the council," BCI president Manan Mishra told media persons here on Saturday.

The BCI made its resolution public after rejecting objections raised by Sibal, Singhvi and Tankha, who had filed their replies in response to a BCI notice, stating that the lawyers' body had no jurisdiction to pass any order in this issue.

At the moment, the Supreme Court is currently deliberating a plea filed by advocate and BJP leader Ashwini Kumar Upadhyay, seeking directives to bar MPs and MLAs from practising law.

However, in its resolution, the BCI has specifically adopted this clause stopping such legislators from appearing before "that Court or Judge" against whom they participate in impeachment proceedings.

"Our Parliament is supreme. The members have their privilege. We cannot make any comment on their privileges. But as lawyers, we can put the condition under which they can be allowed to practise or not. In order to prevent the misuse of the powers and privileges of a lawyer, not of an MP, we have put this condition that if any lawyer-MP starts any impeachment motion or participates in the impeachment motion, he cannot practise in that court," Mishra said.

The decision and the timing of the resolution's release are relevant since a letter seeking to impeach CJI Misra will possibly be introduced on Monday when Parliament reconvenes. Sources within the Rajya Sabha indicate that the letter has already garnered 40 of the requisite 50 signatures.

By releasing the letter on Saturday, Mishra has thrown his hat in the ring in clear support of CJI Misra who has been accused of tinkering with a well-established system. Mishra has also clearly drawn the line against the three Congress leaders who indicated their support for the impeachment process.

The BCI has indicated that their decision — passed more than a fortnight ago — must now be communicated to the top court on the next date of hearing. It has added that unless the apex court objects to the resolution, the decision in this matter will be valid.

The three advocates who have been named in the letter stand to lose since they all have multiple matters — some even before Constitution Benches and some before CJI Misra.