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S. M. SUBRAMANIAM, C. KUMARAPPAN
N. Santhosh Kumar – Appellant
Versus
Bar Council of Tamil Nadu & Puducherry, Rep. by its Secretary – Respondent
ORDER :
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Mandamus, to direct the respondent to consider petitioner's application for enrolment dated 05.04.2022 and pass an order permitting the petitioner to enroll as an advocate.
The writ of Mandamus has been instituted to direct the respondent to consider the application submitted by the writ petitioner for enrolment and permitting him to enroll as an Advocate in the State roll.
2. Ms.Selvi George, learned counsel appearing on behalf of the writ petitioner would contend that there is no express bar under Section 24 of The Advocates Act, 1961. In the absence of an express bar under the provisions of the Advocates Act, the right of enrollment of the petitioner cannot be denied by the respondent Bar Council of Tamil Nadu. Section 24A of the Advocates Act stipulates disqualification for enrollment. Mere registering of an FIR or pendency of a criminal case therefore, cannot be a bar for enrolling a candiate under the Provisions of the Act. In the present case, an FIR has been registered and the name of the petitioner is not found in the F
The court affirmed that pending criminal cases can disqualify candidates from enrollment as advocates, emphasizing the need for integrity in the legal profession.
The right to practice law must adhere to explicit legislative provisions, where judicial directives cannot impose additional disqualifications beyond those established in statutes.
The pendency of a criminal case against an applicant serves as a bar to enrollment as an advocate before the Bar Council.
The court mandated strict scrutiny of advocate enrollment applications, particularly for those with pending criminal cases or bogus qualifications, emphasizing the need for integrity in the legal pro....
Denial of enrollment based solely on the registration of an FIR for criminal offences is in direct conflict with the right to practice a profession or trade guaranteed by Article 19(1)(g) of the Cons....
Full disclosure of criminal involvement is essential for enrollment as an Advocate, and failure to disclose such information can lead to dismissal of the application.
The eligibility for enrollment as an advocate under the Advocates Act is contingent upon compliance with specific disqualifications, particularly concerning concurrent employment in government servic....
A writ of mandamus is not maintainable when the matter has already been adjudicated by the appropriate authority.
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