Bar told to delist lawyers with criminal cases, political affiliations
In continuation of its effort to weed out criminal elements from the legal profession, the Madras High Court has suggested to the Bar Council of India (BCI) to ban candidates with criminal background and political affiliations from contesting the council elections.
By : migrator
Update: 2017-12-11 20:39 GMT
Chennai
recording the suggestions put forth by two advocates, who had approached the court to act against accused advocates for threatening them, said, “This court is of the opinion that the candidates involved in criminal cases, where charge-sheet is filed and the punishment for the offences of which is more than three years should not be permitted to contest in the election as it may be detrimental to the disposal of criminal cases pending against them in a free and fair manner.”
Also, on the aspect of those with political affiliation contesting the council elections, the judge said, “It is advisable that no advocate, who held, or is holding a key post in a political party or who is or was an elected member of the legislative assembly or Parliament should be allowed to contest in the Bar Council elections to avoid any political interference in the legal profession and make the Bar Council a play ground to achieve their political ambitions.”
Justice Kirubakaran also suggested that the council mandate declaration of assets possessed by the aspiring candidates and their family members, with the details of income earned by them as advocates and from other sources in the past 10 years.
“If the above details are furnished, the voters would be in a better position to understand the credentials of the contestants,” the judge said and added that it is always advisable to verify the educational qualifications of the candidates, who intend to contest in the elections as to whether they have satisfied the Legal Education Rules 2008.
The judge also directed the BCI to place the suggestions before Justice Anil R Dave committee appointed by the Supreme Court for the purpose
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