The Kerala High Court on Wednesday issued directions to the Bar Council of Kerala (BCK) to identify and publish names of advocates who have not qualified the All India Bar Examination (AIBE) from 2021 onwards. [Amarnath Joshi Surendiran v The Secretary, Bar Council of Kerala & ors]
A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM directed the Kerala Bar Council to complete the exercise within 8 weeks.
The Bench passed the directions after considering an affidavit filed by the Council detailing the steps it had been taken as per the Court's earlier order dated August 19. In that order, the Court had specifically directed the Council to publish the names of 1,157 advocates who were enrolled between 2010 and 2021, but had not cleared the AIBE.
It had also directed court registries not to register matters in which any of these advocates had filed vakalatnamas and ordered that the list is forwarded to district courts across Kerala.
Considering the possibility of similar instances arising in the future and cases that may have arisen after 2021, the Court directed the Council to update its records.
"However, having regard to the ramifications that may arise if similar instances occur in future, and also in respect of instances occurring after 2021, the Bar Council of Kerala shall update the list of such Advocates from 2021 onwards within eight weeks from date and shall continue to review whether there are any defaults in qualifying the All India Bar Examination," the Court said.
At the same time, the Court clarified that advocates who had since cleared AIBE could apply for a Certificate of Practice (CoP).
The Council was further directed to publish the updated list and send it to the Registrar (District Judiciary), who could then send the list to the concerned district judges to take action.
The directions came in a Public Interest Litigation (PIL) filed by Amarnath Joshi Surendiran concerning advocates allegedly practising without clearing the AIBE and obtaining a CoP. While appearing in a matrimonial dispute before a family court, Surendiran discovered that the lawyer engaged by the opposite party had allegedly not cleared AIBE and did not possess a valid CoP. He subsequently obtained information under the Right to Information Act concerning the AIBE status of advocates enrolled with the Council.
The Court, after considering the materials placed on record by the petitioner and the Bar Council of Kerala, issued directions to the Council for updating and regularly reviewing the list of advocates who have not qualified AIBE and disposed of the petition.
The petitioner appeared in person.
Senior Advocate Santosh Mathew, instructed by Advocate Shinto Mathew Abraham, appeared for the KeLSA.
Advocate P Ramakrishnan represented the Bar Council of Kerala.
Advocate Rajit appeared for the Bar Council of India.
Senior government pleader Biju Meenattoor represented the State.
[Read Judgment]