Advocates Act -- Collateral Challenge to Bar Council Order -- Disciplinary order of Bar Council of India can be challenged only by appeal to the Supreme Court and not through criminal proceedings or revisional jurisdiction
(i) Advocates Act, 1961, S.38 -- Advocates Act -- Collateral Challenge to Bar Council Order -- An order passed by the disciplinary committee of the Bar Council of India in appeal under Section 37 of the Advocates Act is amenable to challenge only by way of an appeal to the Supreme Court under Section 38. A litigant cannot indirectly assail such disciplinary orders by invoking criminal proceedings or the revisional jurisdiction of the High Court. (ii) Criminal Procedure Code, 1973, S.397 -- Revisional Jurisdiction -- Scope of Interference -- The revisional jurisdiction of the High Court under Sections 397 and 401 CrPC is supervisory in nature and is to be exercised only to correct a patent error of jurisdiction, an illegality or a perversity, and not to collaterally reopen matters governed by a special statutory remedy.
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