Bar Council of Delhi (BCD) has reportedly suspended the licence of advocate Iqbal Malik after a complaint was filed against him regarding a woman being forcibly converted to Islam. He had conducted her marriage in his chamber. The decision came after her father complained that his daughter had been forcefully converted at the Karkardooma Court. Moreover, reports by Livelaw shows that the chamber in the Court was shown as a Mosque in the documents.
The Bar Council of Delhi observed that such conduct ‘negates the dignity of the legal profession’. A resolution passed by the Council says, “The alleged activities are not permissible and are not part of the professional activities of an advocate and your conduct in performing a Nikah and issuance of a certificate of conversion and Nikahnama/Marriage certificate is totally disgraceful and negates the dignity of the legal profession.”
It further read: “Looking into the averments in the complaint and the documents, prima-facie the activities of performing the Nikah in the Chamber/ Court premises cannot be permitted by an advocate or any other person, as such it calls for an urgent action by the Bar Council.”
A special disciplinary committee was constituted as per the notice given by BCD Secretary Piyush Gupta addressed to the lawyer Iqbal Malik comprising three members including the vice chairman, former chairman and it is expected to come with a finding in three months.
Based on the gravity of the situation, Hon’ble Chairman Sh. Ramesh Gupta used his special powers conferred under Rule 43 of the Bar Council of India Rules and Section 6 (1) (d) of the Advocates Act, 1961, referred the issue to the Special Disciplinary Committee and as an “interim measure”, the BCD has temporarily suspended Malik’s licence to practise until the conclusion of the disciplinary committee. He has been asked to respond to the notice within seven days.
Delhi government should be inspired by policies similar to the Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance 2020, brought in by the Yogi government last year, forced conversions are non-bailable offences with up to 10 years of jail time if undertaken unlawfully, that is if “done through misrepresentation, force, undue influence, coercion, allurement, fraudulent means” or solely for marriage.
Gupta has also requested the District Judge (in-charge) to cancel allotment to Iqbal Malik’s chambers and seal it to “immediately stop the illegal activities.” Such illegal activities cannot be permitted in the Chamber/ Court premises and should not be repeated under strict guidelines. Full-time lawyer and part-time conversion agent Iqbal Malik’s job has finally been suspended.