The Supreme Court on Wednesday declined to entertain a plea challenging fees charged by Bar Councils for the transfer of advocates from one State Bar Council to another, while asking the petitioner to pursue the matter before the Delhi High Court, where a similar challenge is already pending.

During the hearing, the petitioner argued that Section 18 of the Advocates Act contemplates transfer of enrolment without payment of fee, but advocates across the country were allegedly being compelled to pay substantial amounts to transfer their registration between State Bar Councils. Referring to a chart placed before the Court, counsel submitted that advocates were being charged separately by the transferor Bar Council, the Bar Council of India and the transferee Bar Council.

The petitioner claimed that she had already paid ₹18,000 and in some cases, the total charges could go up to ₹25,000. “It’s across the country, my Lords. They’re charging like that while the section says without payment of fee,” counsel submitted.

The Bench of Chief Justice Surya Kany, Justice Joymalya Bagchi and Justice Vipul M Pancholi, however, noted that the petitioner had already approached the Delhi High Court and observed that parallel proceedings before the Supreme Court would not be appropriate. “Give the breathing time to the High Court. You yourself have gone. Please, we will request the High Court to decide at the earliest. Every day we are entertaining. That does not mean that every action against BCI should come in Supreme Court.”

Disposing of the matter, the Court permitted the petitioner to pursue the pending proceedings before the Delhi High Court and observed that he may implead the concerned State Bar Council there if advised. The Bench also expressed hope that the High Court would expedite the hearing.