Apex Court Order: Verification of Lawyers for Election & Generally

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ORDER DATED: 23 AUGUST 2017

JUDGE: R.K. AGARWAL, ABHAY MANOHAR SAPRE

ORDER FOR VERIFICATION OF LAWYERS FOR ELECTIONS AND GENERALLY

1. Supreme Court to hear on Verification of Lawyers: Aforesaid is a transferred case vide order dated 05.10.2015 (as previously all matters were being heard by different High Courts) owing to the steps taken by the Bar Council of India to cause enquiry and find out who is not registered with any state bar council or district or for that matter with any bar council in any country.

2. Election to the State Bar Council: The election to State Bar Council would be held only after identification of such fake lawyers.

3. No Stay to Notification of Bar Council of India: There was no stay granted with regard to Bar Council of India Notification Certificate and Place of Practice (Verification) Rules, 2015.

4. Court Order -02.11.2015: The apex court has directed that:

(a) The persons who are not members of any Bar Associations of the State or districts or otherwise to carry on the profession, the correction position viz. such so-called counsels would be ascertained.

(b) The lawyers who are conveyancing lawyers or otherwise in terms of Rules of Advocates Act in any manner whatsoever, should not be interfered with carrying on with practice if they are legally enrolled with the Bar Councils.

(c) Formation of Verification Committee: It was brought to the notice of the Court, that work relating to verification is slow where the Advocate Generals are functioning as the Chairman of the State Bar Council, as they are unable to spare time for the same due to heavy work load. It was also suggested to organize a Verification Committee of the Bar Council of India headed by a former Judge of Supreme Court of India.

The following directions vide the present order was issued:

  • Time to cure the defect in verification Application: Fifteen days time is given to cure the defective application of the concerned advocates. The time will begin to run from the date of publication in two leading newspaper.
  • Time for verification of Degrees: One-month time granted for verification of application without any charge by the State Bar Council after the expiry of 15 days aforementioned. The University authorities will ensure verification of degrees awarded by them within one month of presentation without any charge.
  • Publication of Electoral Rolls: The State Bar Council will publish final electoral rolls with names and particulars of such advocates whose degree stands verified by the concerned university authorities.
  • Contents of Electoral Rolls: The Electoral rolls prepared will not contain the names of such advocates whose degrees have been found to be fake or whose has not done due verification as directed under the orders of the court.
  • Schedule of Election: The Schedule of Election to be declared after the expiry of 75 days and within one week mentioning therein:

(i) 15 days of nomination

(ii) 1 week of withdrawal of nomination

(iii) Uploading the candidate list within one week

(iv) To decide the date of election

  • Time Period for Completion of the Exercise and Status Report: All the State Bar Councils are directed to take steps till 31.12.2017 and revert back to the Bar Council of India. Thereafter the Bar Council of India to file the status report.
  • Publication: The publication in two leading newspapers of the needful direction to the State Bar Council to this effect to complete the work by 31.12.2017.
  • Verification Committee: Bar Council of India is directed to supervise the verification work under the retired Judge of the Supreme Court of India and take needful actions for it.
  • NDOH: Next date of hearing: 2nd Week of January 2018 on a non-miscellaneous day.

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REFERENCES

bs00554_1. Order of the Supreme Court: http://barcouncil.s3.amazonaws.com/files/Bar-Council-Election-Mtr-Judgment.pdf

2. Notifications of Bar Council of India Rules: http://www.barcouncilofindia.org/wp-content/uploads/2016/05/BCI-Verification-rules-1-3.pdf

 

Published :
September 1, 2017
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