The Supreme Court on Thursday declined to entertain a plea seeking a CBI probe into the alleged assault of lawyers who were protesting outside the Bar Council of India (BCI) premises on August 21, demanding the resignation of BCI Chairman Manan Kumar Mishra. The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana permitted the petitioners to withdraw the plea and approach the High Court instead.

The matter was orally mentioned by Advocate Prashant Bhushan alleging that lawyers protesting after submitting a representation on BCI reforms were assaulted by persons claiming to be advocates and CCTV cameras at the BCI premises had captured the incident. He sought an independent probe, expressing concern that the CCTV footage could be lost or destroyed.

Mr Bhushan also referred to an alleged statement by Mishra after the incident, claiming that the BCI Chairman had said the “legal cockroaches” protesting against him had been beaten up.

Justice Joymalya Bagchi questioned the decision to hold a public protest, observing that advocates are a disciplined group and should use institutional mechanisms to raise grievances. However, when Bhushan submitted that lawyers can’t be beaten up merely for protesting, Justice Bagchi agreed but asked why the petitioners could not approach the High Court.

He explained that although he had initially advised the petitioners to approach the High Court, he approached the Supreme Court because it was already seized of matters concerning BCI reforms.

Chief Justice Surya Kant ultimately observed: “Let them go to HC. Otherwise, sometimes people feel we are having institutional bias.” The petition was accordingly permitted to be withdrawn, with the Registry directed to return the paperbook so that the petitioners could pursue appropriate proceedings before the High Court.