Kerala HC orders bar council to publish names of 1,157 advocates practising without certificates

Kochi, Aug 19 (IANS) The Kerala High Court has directed the Bar Council of Kerala to publish the names of 1,157 advocates enrolled between 2010 and 2021 who have not cleared the All India Bar Examination (AIBE) and were found to be practising without a valid Certificate of Practice (CoP).

A Division Bench comprising Chief Justice Soumen Sen and Justice V.M. Syam Kumar ordered that the complete list be published on the websites of the Bar Council of Kerala and the Kerala High Court.

The court also directed that no case in which any of these advocates has filed a vakalatnama should be registered by the Registry of the concerned court.

The Bench further ordered that if any of the 1,157 advocates have already filed a vakalatnama in a case, the Registry should make an appropriate endorsement in the case file so that the Bench hearing the matter is aware of the advocate’s status.

The Registrar (District Judiciary) has also been directed to forward the list to all District Courts in the state.

The court clarified that advocates whose names figure on the list can have their names removed if they have subsequently obtained a valid Certificate of Practice.

For this, they will have to produce an authenticated copy of the certificate.

The order was passed on a public interest litigation filed that raised concerns over the practice of advocates who had not fulfilled the statutory requirements for practising law.

The petitioner initially approached the Bar Council after discovering, during a matrimonial dispute before a family court, that the advocate representing the opposite party had allegedly failed the AIBE and did not possess a valid CoP.

An RTI application filed by the petitioner with the Bar Council confirmed the status of that advocate.

He subsequently sought details of the AIBE status of advocates enrolled with the Bar Council of Kerala.

In May this year, the Bar Council furnished a list of advocates enrolled between July 2010 and December 2021 who had not cleared the AIBE or obtained a CoP.

The petitioner then approached the High Court, alleging that despite the disclosure, effective action had not been taken against the advocates concerned.

The PIL sought enforcement of the relevant provisions of the Advocates Act, 1961, including action against those practising without the required qualifications.

The High Court’s order now requires the Bar Council to make the list public and take follow-up action in accordance with the applicable rules.

–IANS

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