BCI co-chair seeks Mishra’s exit, alleges Rs 150 cr fund diversion

"The Bar of this country deserves better than what it is presently receiving from its own Council. I ask you to allow it that opportunity." the letter reads.

New Delhi: Bar Council of India (BCI) Co-Chairman, YR Sadasiva Reddy, on Saturday, August 22, demanded the immediate resignation of Manan Kumar Mishra as Chairman, even as he continues to face scrutiny in the aftermath of his episode with NALSAR.

In his letter, Reddy stated, “I address this communication to you not as an adversary, but as an elected Member of the Bar Council of India, presently holding the office of Co-Chairman, and as a member of this profession for over three decades. I do so with considerable anguish, and only after long reflection, having satisfied myself that silence on my part would amount to a dereliction of the trust reposed in me by the advocates of this country.”

“Every power it (BCI) exercises is a power conferred by Parliament for the benefit of the Bar, and not for the benefit of the person who happens to occupy the Chair. It is my considered view, formed on the basis of what I have myself witnessed in the meetings of this Council, that under your Chairmanship the Council has drifted very far from that standard,” he added.

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Irregular appointments, fund diversion and an unceasing tenure

Reddy alleged that irregular appointments were being made to the BCI and several staff members were closely tied to the Chairman. He said the appointments were made without any advertisements or transparent procedures, Bar and Bench reported.

The letter raised concerns over fund diversions. Reddy said that a trust named ‘BCI Trust PEARL-First’ was registered in 2020 with trustees of Mishra’s choosing. The trust received a transfer of Rs 150 crore from BCI funds despite objections from members.

He further alleged that law colleges seeking BCI approval or renewal would pay “contributions” ranging from Rs 25 lakh to Rs 1 crore to the BCI Trust PEARL.

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Colleges that ought never to have been approved continue their courses year after year and leave young people with a law degree that equips them with nothing, Reddy said.

The letter flagged Mishra’s continuous tenure as Chairman since 2012, across successive terms, including one secured again in 2025, saying it violates the rotational principle the parliament intended for the office.

“An elected office that has one occupant for fourteen years has ceased, in any real sense, to be an elected office,” the letter says.

Demands resignation within 15 days

Reddy has demanded Mishra’s resignation within 15 days. He has also called for a special meeting of the BCI for consideration of all matters mentioned in the letter.

He also called for a special audit of the accounts of the BCI and of BCI Trust PEARL–First, from the date of its registration, to be conducted by an independent firm empanelled with the Comptroller and Auditor General of India.

He asked Mishra to stop receiving any contribution, donation or payment of any description from any law college, university or management to the council or any trust or body connected with it with immediate effect.

“I hold no personal animosity towards you. I have served alongside you on this Council for a decade. It is precisely because I have watched this institution from within for that period that I am able to say, with a clear conscience, that it will not recover while you remain in the Chair. The Bar of this country deserves better than what it is presently receiving from its own Council. I ask you to allow it that opportunity,” the letter reads.

BCI Chairman’s response

Responding to the letter, Mishra said, “Sadashiv Reddy was a member of the Bar Council of India, but he is no longer associated with it. He is not a member of the State Bar Council and has not contested its election. He has been my political opponent throughout. He is anti-BJP. Even when he was a member of the Council, he opposed me on many issues.”

“For eight years, he did not open his mouth. He did not have any grievance with any trust or me. But now that all these social media people have become active, he also got an opportunity to open his mouth. It is all baseless allegations he has made,” he told ANI.

On his tenure, he said that “Law has not fixed any tenure….any MPs, MLAs, PM, CM, no one has any limitations of tenure…I am an elected chairman; I am required to go to the lawyers every five years to get the vote; therefore, there cannot be any question or limit on my tenure.”

Plea in SC seeking removal of BCI chairperson

A plea has been filed in the Supreme Court challenging the legality of Manan Kumar Mishra’s prolonged tenure and seeking his removal from the post.

Mishra was first elected as BCI Chairman in 2012. Although Mishra briefly demitted office in 2014, he returned as chairman in November that year and has remained in the post since then, said the plea, filed by advocate Yogamaya MG.

The petition contends that Rule 12(2) of the BCI prescribes a two-year term for the chairman and vice-chairman, or until cessation of membership, whichever is earlier.

The plea has sought to constitute an independent committee headed by a former apex court judge or former chief justice of a high court.

According to the petition, the committee could be assisted by an auditor nominated by the CAG, along with financial and technical experts.

It has challenged April 21, 2025 Gazette notification that extends Mishra’s tenure until 2030 and contends that an administrative notification cannot override the statutory framework governing the BCI.

“Although Rule 12(2) prescribes a two-year tenure, no meaningful restriction exists upon repeated re-election. Consequently, the office has remained with the same individual for nearly twelve years,” the plea said.

(With inputs from PTI.)

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