The central legal point established in the judgment is the duty of lawyers to maintain high standards and ethics, and the responsibility of the Bar Council to prevent criminal elements from entering the legal profession.

N. Kirubakaran, J.

1. It is not a rosy picture, which the petitioner paints about the candidates, who are trying to sneak into legal profession by getting enrolled as Advocates. The petitioner who is a practising Advocate, has knocked the doors of this Court stating that those with criminal background with heinous crimes, purchased Law degrees from neighbouring States, like, Andhra and Karnataka without even attending classes and basic qualifications and are making attempt to enroll themselves before the Bar Council of Tamil Nadu in the enrolment to be held tomorrow ie., 02.08.2014.

2. The petitioner has stated in paragraph 3 to 5 as follows :

“3. It is submitted that the persons who cannot get admission in the law College in Tamil Nadu Government, they are getting admissions and buying LLB degrees in the Private college in Karnataka, Andhra, Chhattisgarth, Jharkhand and other northern States. At the time of enrolment, the applicant shall produce no objection certificate received from the police department that no criminal case is pending against him as on date. On receiving such application the Bar Council of Tamil Nadu and Pondicherry shall make cross verification regarding the genuine of certificates produced for getting enrolment.

4. It is submitted that while making such verification the police department shall verify that whether any criminal case is pending against him in any police station within Tamil Nadu. The applicant who involved in heinous offence shall not be permitted to enroll as Advocate in the Bar Council of Tamil Nadu and Pondicherry.

5. It is submitted that on 02.08.2014 the Bar Council of Tamil Nadu and Pondicherry proposed to enroll 900 members as Advocate. Further, 40% out of 900 persons are having criminal backgrounds and involved in heinous offences. The Bar Council of Tamil Nadu is proposed to enroll the persons who are involved in murder case, theft case and rape cases as advocates. Further so many persons purchased LLB degree in Karnataka, Andhra and other states for going to enroll in the Bar Council with criminal backgrounds.”

3. A perusal of the aforesaid paragraphs would shock everybody. It is alleged that out of 900 members, who are to be enrolled, about 40% of the persons are having criminal backgrounds involved in heinous offences and they managed to obtain police verification certificate suppressing their criminal backgrounds. The two persons, namely, Elango, from Ramnad District, who is said to be having 14 criminal pending cases and one Mr. Ali Siddick from Madurai is said to have 7 criminal cases to his credit are to be enrolled.

4. Mr. Peter Ramesh Kumar, learned counsel for the petitioner would contend that already the profession has become the place for criminal elements, who got into the profession purchasing degree from LLBs and if the proposed enrolment is to be held, it would still more make it worse. Therefore, he seeks an order not to conduct the enrolment to be held on 02.08.2014.

5. Mr. P. Kandasamy, learned Government Advocate (crl.side) would submit that the petitioner has given a complaint with the higher police authorities and it would be looked into after due verification and appropriate steps would be taken, after due verification.

6. The nobility of the legal profession has been expressed in many judgments of the Honourable Supreme Court. The importance of the legal profession, high standards to be maintained and ethics to be followed by the Advocates are given in detail in various judgments, which are as follows:

(i) In O.P. Sharma v. High Court of Punjab & Haryana, (2011) 6 SCC 86. Paragraph 17 of the Judgement reads as follows :-

“17. The role and status of lawyers at the beginning of sovereign and democratic India is accounted as extremely vital in deciding that the nation’s administration was to be governed by the rule of law. They were considered intellectuals amongst the elites of the country and social activists amongst the downtrodden. These include the