Transfer BCI functions to expert panel: HC

October 07, 2015 12:00 am | Updated 05:34 am IST

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The Judge passed the order while hearing a criminal original petition moved by S.M. Anantha Murugan praying to prevent intrusion of persons having criminal antecedents without legally studying law degree.

Holding that extraordinary situations demand extraordinary remedies, Mr. Justice Kirubakaran said, “While dealing with an unprecedented case, the court has to innovate the law and may also pass an unconventional order keeping in mind that an extraordinary situation requires extraordinary measures.” Making antecedent verification mandatory for all law graduates, from their native place and from the place of study, Mr. Justice Kirubakaran said, “The BCI shall not enrol any law graduate with pending criminal cases except bailable and compoundable [ones].”

Persons facing charges punishable with up to three years of imprisonment shall be given only provisional or conditional enrolment, he added.

The court also directed the BCI to direct law institutions not to admit candidates with criminal cases pending, except minor offences.

A blanket ban was also issued to enrol anyone who had been convicted, dismissed or removed from service.

“The BCI shall not conduct the next Bar Council election after the expiry of the present term in 2016 without prescribing minimum qualification like 20 years standing in the Bar, who does not have any criminal background for candidates to contest the Bar elections,” the court said.

‘Reduce seats, colleges’

Considering the enormously increasing advocate population year after year, Mr. Justice Kirubakaran directed the BCI to reduce the number of seats in law colleges drastically and also the number of colleges.

To ensure smooth functioning of the Bar Associations, the High Court directed the BCI to withdraw recognition given to various Bar or Advocates Associations for the past 20 years maintaining the one court-one Bar Association policy.

‘Dealing with an unprecedented case, the court has to innovate the law and may also pass an unconventional order’

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