Senior Advocate Adish Aggarwala issued a warning to Supreme Court Bar Association (SCBA) President Kapil Sibal, threatening to initiate a no-confidence motion if Sibal does not retract a contentious resolution related to the RG Kar incident. Aggarwala’s strong stance highlights deepening tensions within the SCBA, as the resolution has sparked significant controversy.
New Delhi: Dr. Adish C. Aggarwala, a former President of the Supreme Court Bar Association (SCBA) and Senior Advocate, addressed a letter to the current SCBA President, Kapil Sibal, cautioning him about the potential for a no-confidence motion.
This warning comes in response to a controversial resolution issued by the SCBA on August 21, 2024, concerning the tragic rape and murder at RG Kar Medical College & Hospital.
Previously, some members of the SCBA’s Executive Committee (EC) had written to Sibal, accusing him of issuing the resolution without presenting it to the EC, suggesting that the opinions expressed were personal rather than representative of the committee.
In his letter, Dr. Adish Aggarwala stated,
“Describing the RG Kar Medical College incident as merely a ‘symptomatic malaise’ of similar occurrences across the country is a blatant attempt to downplay its severity. The SCBA and its office-bearers would never have permitted such an attempt to diminish the gravity of the incident if this so-called ‘Resolution’ had been presented to them for approval. As counsel for West Bengal, you should have recused yourself from this matter. Instead, you issued a non-existent and illegal Resolution, which not only undermines the incident but also represents a significant conflict of interest. In this clear conflict of interest, you have aligned yourself with the wrong side, tarnishing both the reputation of the SCBA and the office of its President.”
Kapil Sibal, who is representing the State of West Bengal and its Police in the Supreme Court’s suo moto case concerning the rape and murder, has been accused by Dr. Adish Aggarwala of engaging in a “colossal conflict of interest.”
In his letter, Dr. Aggarwala asserted that the so-called ‘resolution’ signed by Sibal was neither presented to nor approved by the Executive Committee, making it “invalid, false, and non-existent.”
He further emphasized,
“This is a blatant breach of trust placed in you by the members and office-bearers of the SCBA. A unilateral statement drafted and signed by you is being falsely presented as a ‘resolution’ of the SCBA, without ever being submitted to the Executive Committee for approval.”
In his letter, Dr. Adish Aggarwala wrote,
“You have been representing the government of West Bengal in related cases before the Hon’ble Supreme Court. While you, as a lawyer, have every right to accept and argue cases, on August 21, 2024, you circulated a so-called Resolution of the SCBA under your signature, referring to the RG Kar Medical College incident as a ‘symptomatic malaise.’ The ‘resolution’ expressed hope that such incidents across the country would not be repeated. The statement, signed by you and printed on SCBA letterhead, is mischievous, dangerous, insensitive, and a grave injustice to the rape-murder victim, as well as to the countless doctors, trainees, and students still protesting for a safe work environment.”
Dr. Aggarwala further demanded that Sibal issue a public apology and withdraw the resolution, stating that it has deeply hurt the sentiments of both the medical and legal communities.
He added, “Under the circumstances, the least you could do is withdraw this ‘Resolution’ and issue a public apology. If you do not withdraw the illegal Resolution and issue a public apology within 72 hours, I, along with other distinguished Members of the SCBA, will be compelled to move a no-confidence motion against you to remove you from the post of SCBA President.”
On August 22, 2024, while hearing a suo moto criminal writ petition related to the tragic death of a postgraduate trainee doctor at R.G. Kar Medical College & Hospital in Kolkata on August 9, 2024, the Supreme Court voiced serious concerns about the handling of the case by the West Bengal police. During the proceedings, Solicitor General Tushar Mehta criticized Kapil Sibal, accusing him of laughing while discussing the horrific crime.
The Court also expressed disappointment with the State of West Bengal’s response to the vandalism at the protest site. As a result, the Court ordered the creation of a “National Task Force” to suggest measures to ensure the safety of medical professionals.
Additionally, the Court mandated the deployment of the Central Industrial Security Force (CISF) to protect resident doctors, particularly female doctors, at RG Kar Hospital. The Court also raised concerns about the inadequate institutional safety norms at medical facilities to protect against both violence and sexual violence.