Uttarakhand High Court Stays State Bar Council's Decision to Increase Complaint Filing Fees Against Advocates
The Uttarakhand High Court has stayed the State Bar Council's fee hike for filing complaints against lawyers. Complaints will continue to be accepted with the previous fee of ₹1,750 until the Bar Council of India makes a final decision.
9/22/20241 min read
The order was issued in response to a Public Interest Litigation (PIL) petition, which contested the decision of the State Bar Council to increase the fee for lodging complaints against advocates from ₹1,750 to ₹5,500.
The petitioner, a retired government school teacher and dedicated social activist, argued that the newly proposed fee was excessive and exceeded the amount prescribed by the Bar Council of India (BCI) for filing such complaints. The petitioner emphasized that this hike was unjustified and would create financial barriers for individuals seeking to file complaints against legal professionals.
In response to the petition, the Uttarakhand Bar Council submitted a counter affidavit to the Court, stating that it would refrain from implementing the increased fee of ₹5,500 until the Bar Council of India officially approves the State Bar Council's resolution regarding the fee hike. The Court took note of this submission and recorded it in its official order.
The Court also directed the State Bar Council to refund the excess fee collected from complainants.
"The Bar Council of Uttarakhand is instructed to return the balance amount to the 20 complainants who paid ₹5,500 in fees, deducting only ₹1,750," the Court ordered on September 18 while disposing of the petition.
Advocates Kartikey Hari Gupta and Pallavi Bahuguna represented the petitioner, Satya Dev Tyagi. Deputy Advocate General Mamta Bisht appeared on behalf of the State of Uttarakhand, while Advocate Piyush Garg represented the Bar Council of Uttarakhand, and Advocate Sandeep Tiwari appeared for the Bar Council of India.