BCI prima facie defames young female Nalsar-Harvard-Cambridge-advocate in press release for not being a top lawyer ‘man of repute’ but ‘sinister’

The Bar Council of India (BCI) has form and a good track record in long press releases containing many strong words, but the regulator of the legal profession may have outdone itself this time with a statement to the press fired off late yesterday (see below for full release, with relevant portions from page 3).

Someone seems to have pointed the lockdowned BCI to a website that appears to have been around since 2015, with the long but apparently search-engine-optimised domain name toplawyersofsupremecourtofindia.com (indeed, aided by its age and on-point domain, this appeared as the top result on Google when searching for top lawyers supreme court).

Top Google search result: Not bad for optimisation
Top Google search result: Not bad for optimisation

The website listed a bunch of pretty well-known lawyers’ names, purporting to allow readers to “See who are the Top & Famous Lawyers of Supreme Court. Must read the full article”.

The BCI members apparently went through the list of advocates and decided that it agreed about all the names in the “1st category of senior lawyers” (see below)

From toplawyersofthesupremecourtofalltimetrustme.com.
From toplawyersofthesupremecourtofalltimetrustme.com.

“They are men of repute,” the BCI stated in its press release about “some very respectable and noted Senior Advocates like Mr. F. S.Nariman, Mr. K. K. Venugopal, Mr. Soli Sorabji, Mr. K. Parasaran, Mr. Harish N. Salve, Mr. Tulsi, Mr. Mukul Rohtagi (sic), Mr. Sundaram, Mr. Gopal Subramanium etc.” (though curiously omitting a few names also listed in the “1st category of senior lawyers”, such as Kapil Sibal, Abhishek Manu Singhvi and the late Ram Jethmalani).

The website also contained a “2nd category of senior lawyers” with several more names of senior advocates.

However, apparently two names in the “good junior advocates” list in particular caught the BCI’s eye, in that the men of repute of the BCI had not heard of them before as being men of repute.

“Not only the two persons Mr. (sic) Suhasini Sen and Mr Rahul (sic) Trivedi have tried to advertise about themselves, but they appear to have mislead (sic) the country by naming some Senior Advocates and placing them in different categories.”

Then the BCI press release proceeded to call out as being “sinister”, playing a “sinister game”, “grab the entire Legal Profession”.

Well, it turns out that Suhasini Sen is indeed not one of the “men of repute”, for she is not Mr Sen but Ms Sen.

Unfortunately for the BCI, there is no evidence either that she has anything to do with the website.

Sen is a 2009 Nalsar Hyderabad graduate with LLMs from both Cambridge and Harvard, and has been practising before the Supreme Court for more than 10 years (including three years as a junior associate to then-senior advocate KK Venugopal).

For the avoidance of doubt, she also strongly denied to us today over WhatsApp, noting that she had nothing to do with the website.

Pushback

We have received several messages from the profession about how the BCI may have overstepped, if not in its language, then at least in making accusations against a young lawyer in a press release.

Senior counsel Gopal Sankaranarayanan posted on Linked-in, for instance:

Yesterday, the Bar Council of India had a meeting where they passed some resolutions about more effective court hearings during the pandemic. However, as a part of the same Press Release, they decided to take action against the promoters of [toplawyersofsupremecourtofindia dot com] which had listed the top lawyers of the Supreme Court in 3 bands. Oddly, without any evidence, the national regulatory body for lawyers threw all principles of law out of the window and decided to issue a show cause notice to Suhasini Sen (whose name featured in the 3rd band), after using the words “sinister purpose”, “ill methods” and “mischief” to describe her. Suhasini happens to be one of the most ethical, intelligent, industrious and compassionate lawyers we have at the Supreme Court.

It was clear to anybody who looked at the website that it was the handiwork of a father-son lawyer duo, one of whom has also been named in the BCI release. As the website has been suddenly removed this morning, I attach the screenshots.

Does the BCI always put its disciplinary show cause notices out in press releases which are then shared quickly on social media? This causes irreversible damage to the morale of lawyers, and to the BCI itself. A retraction and apology to Suhasini are immediately in order.

Did BCI find something?

That said, the website is pretty awful and the BCI notes that “many similar types of Advertisements are being made and advertised and highlighted more, even though such websites may have been existing discreetly before Lockdown, and was not brought to our attention earlier”.

“This is just one of such many websites,” the BCI noted, adding that: “The common Advocates and regular practitioners and a large number of deserving and busy Advocates are unable to oppose such mischief and such mal-practices are increasing day by day.”

Since it’s not like the BCI has earned many laurels in cleaning up such malpractice in the profession to date, it completely makes sense that it would single out a single website and make an example of whoever it believed had made the website.

And it could be that the BCI had at least partially correctly identified Raahul Trivedi as potentially being responsible for the website (despite copying his name incorrectly).

The toplawyersetc internet domain name registration records, according to the whois tool, were made under an address that matches Trivedi’s office address, according to Google maps (Chamber No.17, New Lawyers Chambers, MC. Setalvad Block, Bhagwan Dass Marg, Supreme Court).

Furthermore, both toplawyersofsupremecourtofindia and Trivedi & Associates’ website have been taken offline since the press release, though both can still be accessed via siteGoogle Cache links and other online archives.

(Regarding the latter, the firm describes itself as “the leading and one of the top most law firm /group of Lawyers of Hon’ble Supreme Court of India, New Delhi quite famous for its way of working / dealing with cases with super care and with full responsibility”).

Now, do note that theoretically it’s possible to supply fake records in domain name registrations, and we have reached out for comment to Trivedi via WhatsApp, as well as the email address listed in the domain’s Whois records.

In any case, it is certain that the BCI will eventually get to the bottom of this mystery with its due diligence and care.

That, or get sued for defamation.

BCI press release

Comments

Guest 21 May 2020, 12:41
+25 -1
Now Suhasini must sue Manan for defamation. Golden opportunity to finally pin down Manan.
Guest 21 May 2020, 12:44
+23 -0
The photo of Rahul Trivedi shows him holding a copy of Takwani CPC. Yaar, at least pose with Sarkar on CPC, Ramaiah on Companies Act etc.
Guest 21 May 2020, 12:48
+8 -1
I don't understand why Ms Sen's name and Mr Trivedi's name are being taken together in conjunction. Are they partners in their professional or personal life? If not, then why mention in the same breath as if they have colluded together?
ABCI 21 May 2020, 14:39
+5 -0
They are not partners professionally or personally. They also live in different parts of the country.
Guest 21 May 2020, 12:55
+7 -7
The whole thing is political. Suhasini is known to be close to Congress people and against CAA, so BJP is trying to launch a cheap attack. Same thing happened to Dushyant Dave.
Conjecture? 21 May 2020, 14:12
+12 -0
Suhasini is a Central Government Counsel in the Supreme Court. The Government at the Centre has been BJP for 6 years (she was empanelled in the BJP regime). What's your basis for the "Close to the Congress people" remark
Guest 22 May 2020, 05:05
+6 -0
She is not a Congress person. Her close college friend is a Congress person, that is all. Anyone can be close to a BJP or Congress politician from school or college days. That does not make you a BJP or Congress leader.
really 23 May 2020, 08:45
+2 -0
Ha ha ha you made my day
Guest 21 May 2020, 12:55
+6 -2
Next BCI resolution will be passed against Kian Ganz.
BeeCeeEye 21 May 2020, 12:58
+14 -0
BCI really needs to tone down. They are acting like bullies. Nothing wrong here. What's completely wrong is the castigation in its press release. They should withdraw the offensive parts immediately.
Guest 21 May 2020, 14:41
+13 -0
Manan Mishra and RS Prasad are the worst BCI Chairman and Law Minister in history. Prasad backs Mishra because he is from Bihar. This is parochialism at its worst. People like Jethmalani and Gopal Subrmaniam were Mishra's predecessors!
BJP Connection 21 May 2020, 15:03
+11 -1
Arghya Sengupta is one of 6 Lawyers also listed. The BCI picks on 2 out of 6 Lawyers, likely because Arghya Sengupta is known to work for the BJP (and we know Mr Mishra’s BJP connection).
Guest 22 May 2020, 00:46
+9 -1
Spot on about Arghya and BJP. I thought the same.
SC lawyer 21 May 2020, 15:35
+12 -0
So easy to try and pick on the only woman mentioned on this website. Ms Sen is a lawyer of great repute and known for her work ethic. To issue a press release in someone's name is irresponsible and deserves an apology! Enough of this old boys club picking on the coming generation. I'm sure if she had a family backing the BCI would have taken the time to actually verify facts. With so many bigger issues to worry about it is baffling how this finds mention is a press release about covid 19??
Bseei 21 May 2020, 15:57
+8 -0
So nice to see seniors taking a stand for junior counsels.. esp a lady advocate. Maybe all hope is not lost.
Guest 21 May 2020, 17:09
+10 -0
An innocent girl's reputation has been stained for no reason. She must seek damages for libel and an apology to restore her honour.
Insider 21 May 2020, 17:27
+5 -6
Happy to see many NLS and NALSAR folks on that list. Private colleges and TLC's will never be comparable
Nls alumna 21 May 2020, 18:54
+7 -3
Check yourself - they didn’t get on these lists by patting themselves on the back or by hyping nls brand and putting others down. They kept their head down and worked.
Guest 22 May 2020, 05:07
+2 -1
Hmmmmmm.....hmmmmmmm......... head down and work. Intreseting.
Insider 22 May 2020, 10:59
+1 -4
Hope you're aware of the pervasive presence of NLU grads in the litigation and corporate space? It's all about the tag really, don't let anyone else fool you about 'working hard'
Guest 22 May 2020, 11:24
+5 -1
'Pervasive presence' in the litigation sector? With less than 1% of all litigating lawyers in the country being NLU grads? Really now?
AO1 22 May 2020, 16:54
+5 -2
It's not about the number but the impact. Look at how many NLU grads have been designated senior advocates. In such a short span of time that too. Not to mention the blossoming number of NLU partners in law firms. We've been much better than the TLC's and other private colleges, would be inclined to agree with @insider
Guest 22 May 2020, 17:26
+5 -1
Law firms, yes. Litigation, certainly not. In any stats that you care to bring, be it AoR or senior designation, over the past 5-10 years, NLU grads can't hope to have majority in terms of sheer number. Of course, if you consider the percentage of
all law students studying at NLUs, then it's a different argument. I'm only objecting to the use of the term pervasive in all sectors, not to NLUs usually being better places to study, at least the first 8-10. NLUs haven't reached there yet, nor would they anytime soon in litigation. Around 2000-2500 students graduate from NLUs every year, as opposed to almost 50 times that number from non NLU colleges. Out of that 2000-2500, hardly 500-1000 opt for litigation as a career. Whereas from non NLUs, almost 90% of the grads do so. The difference in numbers is just too much to overcome. Add to it the fact that very few NLUs prepare students for litigation, and their focus on attendance rarely allows students to intern with litigators regularly throughout the years, unlike the non NLU students.
AO1 23 May 2020, 09:24
+2 -2
Numbers don't matter, impact does. Haven't heard any people from Amity or Christ hitting headlines in litigation or corp for that matter
Guest 23 May 2020, 13:30
+7 -1
Lawyers aren't supposed to work towards 'hitting headlines', but to actually help secure the relief that their clients need, preferably with the least of fuss. Flashy PILs doth not a career make. You seem to be confusing the profession with filmstars and celebrities. More than 80% of the senior advocates in this country at present are non-NLU grads. Perhaps even more.
IOs 23 May 2020, 17:43
+2 -3
Hmm. One wonders then why the editor of this website proudly showcases NLU achievements over the others. It's possiby because the others don't exist
Guest 24 May 2020, 02:45
+4 -2
Others do exist and in great numbers. Doing equally good or better. Probably 'this webiste's' subscriber base is mostly of NLU grads, or may be the editors have a 'special liking for such grads' or they are themseleves such grads, therefore more news about them. I have worked with a lot of NLU grads. Some reported to me, to some I reported and lot worked as co-workers. They are like any other law graduate, some are good, most are not. But they all, without exception, think that they GODS GIFT TO MANKIND/WOMAN KIND.
AO1 24 May 2020, 16:30
+2 -1
Unfortunate you've had such bad experiences. Doesn't change the fact that they single handedly contribute to the most billable hours (at least where I work) and are generally the hardest workers in the room
Guest 24 May 2020, 19:11
+3 -0
Fortunate that you've had such good experiences. Kindly name the firm.
Guest 22 May 2020, 00:49
+6 -2
This seems to be an attempt by TLC people like Mishra to attack NLUs. At the very least NALSAR students need to pass a resolution condemning him.
Nalsarite 22 May 2020, 19:29
+2 -0
I second that thought! Will try to work things out with our SBC.
Wellwisher 22 May 2020, 04:24
+8 -0
This is ridiculous to say the least! The press release being issued without bothering to verify facts, followed by the same being shared with media is a reflection of the callous attitude adopted by the BCI. Such actions have far reaching implications for an young advocate making a mark in the legal fraternity. Strong action needs to be taken at the earliest to avoid such reckless publication and apology issued to the young lawyers.
ABCI 28 May 2020, 06:42
+2 -0
Hi @Kian , please carry the new press release recalling the notice against Suhasini Sen too. And maybe @BCIFan can comment on how unfairly Gopal S, sr.advocate has been named and 'reprimanded' in the new notice. Seems like the BCI thinks they're the only ones that can make statements to the press!