BCI passes resolution against LiveLaw for publishing defamatory article against the BCI chairman

What is the enforceability of such resolution?

By Tamanna Jindal

The Bar Council of India recently passed a resolution against ‘LiveLaw’ and the author, Vikas Bhadauria for publishing an article criticizing the acts and decisions of the BCI Chairperson, Manan Kumar Mishra.
In the article, Mr. Bhadauria accused chairperson Mishra of misusing his office for his personal and political agendas. He wrote that the majority of the BCI press releases are aimed at stifling genuine criticism and stalling reforms. He said that Mr. Mishra has been very inconsistent in his acts where he criticizes advocates for being political and himself never shies away from declaring his political allegiance. He also accused him of being regressive and misogynistic as he once led a ‘MenToo Movement’ after former Chief Justice of India Ranjan Gogoi was accused of sexual harassment and had also called for amendments in laws related to sexual offenses including changes to the rape law under section 376 of the Indian Penal Code. Mr. Mishra also belittled the protests against CAA saying that the protests were carried out by “illiterate ignorant mass” who were being “misled”. The author said that while Mr. Mishra is entitled to have his own views about the legislation, he does not have the authority to use the office of BCI Chairman to air views belittling the protests against CAA.
Following this, BCI resolved to make a complaint to the Ministry of Information and Broadcasting against the author Mr. Vikas Bhadauria and the news portal “Live Law” accusing them of misreporting.
In a press release presided by the Vice Chairman of BCI, Mr. Satish A. Deshmukh, it was said that the decision regarding filing a criminal case for defamation will be taken in the next meeting.

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