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2023 Supreme(Online)(MAD) 22313

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.10.2023 CORAM THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Writ Petition No. 2280 of 2020 and W.M.P. No.2653 of 2020 and 16393 of 2022 A. Kannan Advocate Son of T. Alagarsamy Plot No.16, East 1st Street K.K. Nagar Madurai - 625 020 .. Petitioner Versus

1. The Secretary Bar Council of India

21, Rouse Avenue Institutional Area Near Bal Bhawan New Delhi - 110 002 2. The Secretary The Bar Council of Tamilnadu & Puducherry High Court Campus Chennai - 600 104

3. The State of Tamilnadu rep. by its Principal Secretary to Government Home Department Secretariat, Chennai - 600 009

4. The Director Central Bureau of Investigation CGO Complex, New Delhi - 110 003 5. The Director General of Police No.4, Dr. Radhakrishnan Salai Mylapore, Chennai - 600 004

6. The Commissioner of Police Greater Chennai Chennai

7. The Assistant Commissioner of Police Central Crime Branch (CCB-1)

O/o. Commissioner of Police Chennai

8. The Inspector of Police B-4, High Court Police Station High Court Campus Chennai - 600 104

9. The Secretary University Grants Commission (UGC)

Bahadur Shah Zafar Marg New Delhi - 110 002

10. The Registrar Yogi Vemana University Vemanapuram, Ganganapalle Andhra Pradesh - 516 005

11. Sri Basava Rama Tarakam Memorial Law College Kadapa near Railway Gate Taraka Rama Nagar Andhra Pradesh - 516 003

12. The Principal Al-Ameen Law College Hosur Road, Sudhama Nagar Bangalore, Karnataka State - 560 027

13. The Registrar Karnataka State Law University Sutagatti Road, Hubli Navanagar, near RTO Office Karnataka - 560 025

14. The Secretary to Government of India Ministry of Human Resources Development New Delhi

15. Saravanakumar Son of Seenisamy Advocate (Enrol.No.Ms.2556/2017)

C/o. The Secretary The Bar Council of Tamilnadu and Puducherry High Court Campus, Chennai - 600 104 (R15 was impleaded as per Order dated 14.02.2020 made in WMP No. 4333 of 2020 in WP No. 2280 of 2020)

16. S. Baskar Mathuram Son of Seenivasan Advocate (Enrol.No.995/2006)

Plot No.33, High Court West Side Compound Road S.M.V. Nagar National Book Agency backside Ulaganeri Madurai - 625 023 (R16 was impleaded as per Order dated 14.02.2020 made in WMP No. 4525 of 2020 in WP No. 2280 of 2020) .. Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus (i) directing the respondents 3 and 5 to transfer the investigation in Crime No. 325 of 2019 on the file of the seventh respondent to the file of the fourth respondent and to investigate the case by a Special Investigation Team to be monitored by this Court (ii) to direct the introduction of electronic finger print attendance system in all law colleges and universities imparting legal education in India and to direct the issuance of E-certificates with high security features to prevent the trading of fake LLB Degree Certificates in all law colleges and universities imparting legal education in India; and (iii) to constitute a permanent special scrutiny committee consisting of former Judges of this Court to deal with the enrolment applications having law degrees issued by the other States placed for enrolment before the Bar Council of Tamilnadu and Puducherry.

For Petitioner : Mr. G. Mutharasu For Respondents : Mr. S.R. Raghunathan for R1 Mr. C.K. Chandrasekkaran for R2 Mr. Stalin Abhimanyu, Addl. Govt. Pleader, for RR3, 5, 6, 7 and 8 Mr. K. Srinivasan for R4 Mrs. V. Sudha for R9 Mr. Rahman Sheriff for R12 Mr. V. Chandrasekaran Senior Panel Counsel for R14 Mr. Ayyadurai, Senior Advocate for Ms. Girija Velmurugan for R15 Mr. M. Murugesan for R16 No appearance for RR10, 11 & 13

ORDER

(Judgment of the Court was delivered by R.MAHADEVAN, J The petitioner, who is practicing as an Advocate before the Madurai Bench of this Court, has come forward with this writ petition, in the nature of public interest litigation, praying to issue a Writ of Mandamus (i) directing the respondents 3 and 5 to transfer the investigation of the case in Crime No. 325 of 2019 pending on the file of the seventh respondent to the file of the fourth respondent and to investigate the same by a Special Investigation Team to be monitored by this Court; (ii) directing the authority concerned to introduce electronic finger print attendance system in all law colleges and universities imparting legal education in India and to issue E-certificates with high security features to prevent the trading of fake LLB Degree Certificates; and (iii) constituting a permanent Special Scrutiny Committee consisting of former Judges of this Court to scrutinise the applications received from the students, who obtained law degrees from the Colleges/Universities in other States, when submitted for enrolment as advocate(s) before the Bar Council of Tamilnadu and Puducherry.

2.(i) In the affidavit filed in support of the writ petition, it is stated by the petitioner that the Bar Council of India has framed the Certificate and Place of Practice (Verification) Rules, 2015 with the avowed object of weeding out those lawyers, who, without effectively practicing, switch over to other profession for monetary gain. It is further stated by the petitioner that the said Rules empower the Bar Council to insist and/or verify the Vakalath and Memo of Appearance filed by the advocates in their rolls to ensure that they are in active practice in the legal profession, but the same is not being done. It is the grievance of the petitioner that several law colleges have mushroomed throughout the Country where the unhealthy and ugly trading of buying or selling law degrees are in vogue. It is also stated that some persons, without actually attending the course or securing minimum attendance, obtain law degrees by illicit means and because of those fake lawyers, the dignity and decorum of the lawyer profession gets eroded. In this context, the petitioner referred to a complaint dated 06.11.2019 lodged by the Secretary, Bar Council of Tamilnadu and Puducherry with the Inspector of Police, B-4, High Court Police Station in which it was stated that one B. Vipin with the aid of two other advocates, acted as middlemen for purchasing fake LLB Degree Certificates from the 11th respondent college. On the basis of such complaint, a case in Crime No. 23 of 2019 was registered on the file of the sixth respondent and subsequently, the case stood transferred to the file of the seventh respondent. Upon transfer, the seventh respondent registered a case in Crime No. 325 of 2019 dated 14.11.2019 for the offences punishable under Sections 8 and 12 of the Prevention of Corruption Act and under Section 420 of the Indian Penal Code. During the course of investigation, the seventh respondent arrested one Himavantha Kumar, Principal of the 11th respondent college. The investigation also unfolded that more than 1000 fake LLB Degree Certificates have been issued by the 11th respondent college upon receipt of illegal consideration to a tune of Rs.3 lakhs to Rs.5 lakhs per certificate. The petitioner also pointed out that those who are in full time employment, without attending regular classes, get enrolled themselves as advocate based on such fake degree certificates, as a result of which, the noble profession is being spoiled by them. According to the petitioner, on the basis of such fake degree certificate, several persons have enrolled themselves as advocates and are practicing as advocates. The sale of such fake certificates are taking place throughout the country and it goes unchecked.

(ii) The petitioner would further state that in the year 2010, the Bombay High Court has issued a direction to the C

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