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2015 Supreme(Mad) 3459

IN THE HIGH COURT OF MADRAS (MADURAI BENCH)
N. Kirubakaran, J.
S.M. Anantha Murugan – Appellant
Vs.
The Chairman, Bar Council of India and Ors. – Respondents
Crl. O.P.(MD) No. 14573 of 2014
Decided On : 06-10-2015

Advocates:
Advocate Appeared:
For the Appellant : J. Lawrence, Saji Chellan and V. Ramesh
For the Respondents: Subash Babu

Headnote:

Advocates Act, 1961 - Section 34 - Constitution of India,1950 - Article 235 - Seeking amendment of main prayer - Chairman of BCI stated in a seminar conducted in Chennai in July that advocates are fake bad and non-practicing, indulging in illegal acts and more than persons sporting Court dress have no proper degrees - Present petition is aimed at blocking entry of criminal elements who do not possess basic qualifications and purchase law degrees which are generously sold for a song by Letter Pad law colleges located in other States especially in neighboring States except - Petitioner contends that many persons who are accused of heinous criminal offences without any basic qualification attendance and examination are able to secure law degrees and are trying to get enrolled by producing false police verification certificates suppressing their criminal background - Held, As a member of legal fraternity and higher judiciary for past years this Court has been witnessing steep fall in standards steady invasion of profession by criminal communal and extremist elements by purchasing law degrees without any basic qualifications and without attendance from Letter Pad Law Colleges and their attempt to disturb normal Court proceedings by boycotts exhibition of unruly high handed behavior inside and outside Court and committing offences and covering up by advocates label as explained in detail - It is very unfortunate that so-called Bar leaders and many of Bar Council members are said to be associated with these elements – Petition Dismissed

ORDER :

N. Kirubakaran, J.

1. "Neither Legal Profession is an asylum for criminals Nor law Degrees are shields for their criminal activities". Legal profession is blighted by the entry of criminal elements. It is seen from a number of cases coming up before this court and also from media reports that persons with criminal background getting law degrees claiming to be advocates are indulging in criminal activities including conducting "Kangaroo Courts", degrading and damaging the image of noble profession and for which we have to hang our heads down in shame. It is said that many persons claiming as leaders of the Bar are safeguarding and aiding those elements. The sorry state of affairs is not only due to a few members of the Bar, but also, because of entry of criminal elements into the profession by taking advantage of loop holes in 50 year old The Advocates' Act, 1961 and The Bar Council of India Rules regarding admission to law colleges and lack of effective fool proof procedure for enrolling law graduates as advocates. The present pitiable status of the legal profession could be attributed to the miserable failure of the Bar Council of India which is incapable of addressing the menace affecting the system. In fact, the Chairman of BCI stated in a seminar conducted in Chennai, in July 2015 that 30% advocates are fake, bad and non-practicing, indulging in illegal acts and more than 20% persons sporting Court dress have no proper degrees. The present petition is aimed at blocking the entry of criminal elements, who do not possess basic qualifications and purchase law degrees which are generously sold for a song by Letter Pad law colleges located in other States especially in neighboring States except Kerala. The petitioner contends that many persons, who are accused of heinous criminal offences, without any basic qualification, attendance and examination, are able to secure law degrees and are trying to get enrolled by producing false police verification certificates, suppressing their criminal background. The petitioner stated in paragraphs 3 to 5 are 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, Chhattisgarh, 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 are involved in heinous offences 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 background 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 are going to enroll in the Bar Council with criminal backgrounds."

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 background, having been involved in heinous offences and they managed to obtain police verification certificates suppressing their criminal background. Two persons, namely, Elango, from Ramnad District, who is said to be having 14 criminal cases pending against him and Mr. Ali Siddick

























































































































































































































































































































































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