WWW.LIVELAW.IN IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE ACTING CHIEF JUSTICE MR.ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 25TH DAY OF JANUARY 2018 / 5TH MAGHA, 1939 WA.No. 223 of 2018 IN WPC. 971/2018 AGAINST THE
JUDGMENT IN WP(C) 971/2018 of HIGH COURT OF KERALA DATED 10-01-2018
APPELLANT/PETITIONER: V.K.BEERAN SAHIB SENIOR ADVOCATE, HIGH COURT OF KERALA 'SAINAS', CONVENT ROAD, THAIKKATTUKARA, ALUVA-683 108. BY ADVS.SRI.P.A.MOHAMMED SHAH SRI.SOORAJ T.ELENJICKAL SRI.K.ARJUN VENUGOPAL SMT.MARY RESHMA GEORGE SMT.P.M.MAZNA MANSOOR SRI.JEEVAN RAJEEV SRI.R.NANDAGOPAL RESPONDENTS/RESPONDENTS IN THE WRIT PETITION: 1.
BAR COUNCIL OF INDIA 21, ROUSE AVENUE INSTITUTIONAL AREA, NEAR BAL BHAVAN, NEW DELHI-110 002, REPRESENTED BY ITS SECRETARY.
2.
BAR COUNCIL OF KERALA BAR COUNCIL BHAVAN, HIGH COURT CAMPUS ENRAKULAM, KOCHI, KERALA-682031, REPRESENTED BY ITS SECRETARY.
3.
SECRETARY BAR COUNCIL OF KERALA, BAR COUNCIL BHAVAN, HIGH COURT CAMPUS ERNAKULAM, KOCHI, KERALA-682031.
4.
KERALA HIGH COURT ADVOCATE ASSOCIATION IST FLOOR, HIGH COURT OF KERALA, ERNAKULAM, KERALA-682014, REPRESENTED BY ITS SECRETARY. R4 BY ADV. SRI.SANTHOSH MATHEW R4 BY ADV. SRI.ARUN THOMAS R4 BY ADV. SRI.JENNIS STEPHEN R4 BY ADV. SRI.VIJAY V. PAUL R4 BY ADV. SMT.MARIA ROY R4 BY ADV. SMT.VEENA RAVEENDRAN R2 BY ADV. SRI.T.A.SHAJI (SR.) R2 BY ADV. SRI.ATHUL SHAJI R BY SRI.RAJIT, SC, BAR COUNCIL OF INDIA
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Antony Dominic, Ag.C.J. & Dama Seshadri Naidu, J. ------------------------------------------W.A.No.223 of 2018 -------------------------------------------Dated this the 25th day of January, 2018 JUDGMENT Antony Dominic, Ag.C.J. This appeal arises from the judgment of the learned Single Judge in WPC No.971 of 2018. The issue raised in the writ petition was in relation to the exclusion of the appellant, a Senior Advocate, from the final electoral roll of Bar Council of Kerala.
By the judgment under appeal, the learned Single
Judge took the view that his exclusion was in view of the order passed by the Apex Court on 24.11.2017 referred to in paragraph- 8 of the judgment. On that basis, the writ petition was dismissed. It is aggrieved by this judgment, this appeal is filed. 2. We heard the counsel for the appellant and the learned counsel appearing for the first respondent. 3. The issue that is raised during the course of the hearing was that the order dated 24.11.2017 passed by the Apex Court in Transfer Case (civil) No.126 of 2015, directing that all those 6,44,768 advocates who have submitted their application forms along with the law degrees for verification be enrolled and be
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shown in the electoral list does not include Senior advocates like the appellant. On the other hand, this contention is contested by the learned Senior Counsel appearing for the first respondent. 4. Paragraphs 6 and 7 of the order dated 24.11.2017 relied on by the learned counsel for the appellant reads as under: “An affidavit has been filed on behalf of the Bar Council of India (BCI) on 15.11.2017 wherein the report of the Minutes of the Fourth Meeting of the Central Verification Committee of the Bar Council of India held on 12.11.2017 has been enclosed. From a perusal of the said Minutes, we find that a total number of 15,34,531 advocates have been enrolled with various State Bar Councils, out of which, only 6,44,768 advocates have submitted their forms for verification. The State Bar Councils have sent 5,23,706 LLB Degrees for verification, out of which, the Universities have sent the reports with regard to only 1,65,339 degrees. The Committee has further found that the progress cannot be said to be very good but at least it is satisfactory. From the aforesaid, we find that the State Bar Councils have not sent 1,21,062 LLB Degrees for verification to the various Universities. Further, the Universities have not yet sent the reports regarding verification of the Law Degrees in respect of 3,58,367 advocates. Thus, about 4,79,429 advocates who have already submitted their forms and Law Degrees for verification would be adversely affected for no fault of theirs. Taking into consideration the aforesaid facts, we deem it fit and proper to modify our order dated 23.8.2017 and direct that all those 6,44,768 advocates, who have submitted their application forms along with Law Degrees for verification be enrolled and be shown in the electoral list. Of course, those advocates whose Law Degrees have been found false or fake as per the reports of the Universities shall be excluded from the electoral list. The electoral list be published by 30.11.2017, and the time schedule mentioned in para 7 of the order dated 23.8.2017 will start from 1.12.2017. The State Bar Councils shall conclude all proceedings by 15.2.2018.
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A reading of the above order shows that taking note of the fact that, according to the Bar Council of India, only 6,44,768 advocates had submitted their forms for verification, the Apex Court had modified its earlier order dated 23.8.2017 and directed that all those 6,44,768 advocates who have submitted their application forms along with the Law Degrees for verification be enrolled and be shown in the electoral list. This order does not make any distinction between Senior advocates and other advocates and it is the case of the appellant that the order does not include Senior advocates and that therefore, restriction in the number of advocates imposed by the Apex Court cannot be relied on to exclude him from the final electoral list. According to us, the contention urged by the appellant calls for interpretation of the order passed by the Apex Court.
Such an exercise can be
undertaken only by the Apex Court and not by the High Court. We, therefore, decline to interfere with the matter on the ground of lack of jurisdiction. The writ appeal is dismissed.
Sd/- Antony Dominic Acting Chief Justice sd/css/
true copy
Dama Seshadri Naidu Judge P.S.TO JUDGE
