The main legal principle established in the judgment is the court's authority to direct a specialized agency like the CBI to take over an investigation in cases involving complex financial irregularities and the need to sustain public faith in statutory bodies like the Bar Council and Advocate's Welfare Fund Trust.

JUDGMENT :

The writ petitioner in W.P.(C) No. 34989/2019 claims that he is an Advocate enrolled in the year 1994 and practicing in Thalassery District Court and various other courts in the State for the past 25 years. He is also a member of Kerala Advocates Welfare Fund.

2. The writ petitioners in W.P.(C) No. 13861/2020 are three different lawyers, claimed to be practicing in various courts and enrolled as members under Bar Council of India. They also claim that they have membership in the Advocates Welfare Fund, constituted under section 15 of the Kerala Advocate's Welfare Fund Act, 1980.

3. Essential facts, as is discernible from both the writ petitions, can be summarized as follows;

4. The Kerala Advocates Welfare Fund was constituted under the Kerala Advocate's Welfare Fund Act, 1980, with the aim of providing retirement benefits to advocates in the State of Kerala. It also provides Social security for the members of legal profession. The source of the fund consists of amounts paid by the Bar Council, contributions made by the Bar Council, Voluntary donations or contributions made by the Bar Council of India or by any other Bar Associations and includes all sums by way of sale of stamps under section 22 of the Kerala Court Fees and Suit Valuation Act. Under Section 15 of the Act, every advocate practising in the State and being a member of a Bar Association recognized by the Bar Council of Kerala can apply to the Trustee Committee for admission as a member of the Fund. Under Section 23 of the Act, every vakalath filed by an advocate, shall in addition to the court fee stamp affixed thereon, be affixed with a welfare fund stamp to the value fixed, depending on whether it is filed in the High Court or before the subordinate courts, tribunals and other authorities. The funds so accumulated in the Bar Council of Kerala from the above sources are the main revenue of the State Bar Council, to be utilized for the welfare of the members of the fund, strictly adhering to the procedure prescribed under the Act and Rules.

5. The Kerala Advocate Welfare Fund Trustee Committee, which manages the fund, consists of Advocate General of Kerala as its ex-officio chairman, the Law Secretary, a member nominated by the Government, three members of the Bar Council, Treasurer of the Bar Council, and the Secretary of the Bar Council, who shall also be the Secretary of the Trustee Committee, ex-officio. Under section 9 of the Act, the Trustee committee shall administer the fund and shall hold the assets belonging to the funds and the trust. Under Section 10(4) of the Act, it is mandatory to audit all accounts of the Trustee Committee annually by a Chartered Accountant appointed by the Bar Council. The account of the Trustee Committee, as certified by the auditor along with audit report, shall be forwarded to the Bar Council by the Trustee Committee, and the Bar Council may issue directions from time to time to the Trustee Committee. The Secretary of the Bar Council, who is also the Secretary of the Trustee Committee, is the Chief Executive authority of the Trustee Committee.

6. Some time in 2017, it was disclosed that serious financial irregularities in the utilization of funds and embezzlement of funds of the Trustee Committee was committed. This was deliberated by the Trustee Committee in its meeting held on 2/9/2019. Thereupon, it was decided to take action and to request for a vigilance enquiry regarding the irregularities and defalcation in the printing and distributing of welfare fund stamps entrusted to the Bar Council of Kerala. Accordingly, the Vigilance Department registered FIR VC No. 2/18/CRE of VACB, Ernakulam against one Chandran, who was the then accountant of the trustee fund, alleging offences under section 13(2) read with 13(1)(c)(d) of Prevention of Corruption Act.

7. Investigation revealed very serious irregularities and that there were large scale misappropriation of funds of the trustee committee. It was found that there was no audi