A.V. Savant, C.J. (For himself and K.S. Radhakrishnan, G. Sasidharan, R. Rajendra Babu and M. Ramachandran, JJ. - Concurring).

Heard all the learned counsel; Shri. T.G. Rajendran for the petitioner, Shri. M.K. Damodaran, Advocate General for the respondents, Shri P. Santhalingam, amicus curiae, Shri. Siby Mathew, Shri. W. Giri, Shri. Razaak, Shri K.V. Sohan and Shri. Jose as interveners.

2. This petition has been placed before this Special Bench pursuant to the order passed by the Chief Justice on a reference made by a Division Bench on 24th July, 2000 referring the matter to a Larger Bench. The need to refer the matter to a Larger Bench arose since all the learned counsel appearing before the Division Bench viz., Rajendran for the petitioner, Shri. Mohammed Yousef, Addl. Advocate General for the respondents and Shri. Santhalingam, Amicus Curiae, pointed out that there was a clear conflict between the view expressed by a Division Bench of two learned judges in Bar Council of Kerala v. Thankappan Pillai (1985 KLT 738) and that expressed by a Larger Bench of five learned judges in the same case - Bar Council of Kerala v. Thankappan Pillai (1985 KLT 769) on the question of i