Fake Lawyer Case: Madras HC Directs Bar Council To Verify Advocates' Antecedents Before Permitting Them To Hold Posts In Statuto

Fake Lawyer Case: Madras HC Directs Bar Council To Verify Advocates' Antecedents Before Permitting Them To Hold Posts In Statutory Committees

The Madras High Court has directed the Bar Council of Tamil Nadu and Puducherry to verify the antecedents of lawyers

before they are permitted to hold significant positions in the statutory committees.

The direction was made while dealing with a habeas corpus petition by a mother seeking production of her 17-year-old

adopted son, whereby the Court had come across a 'fake lawyer'.

The child was said to be illegally detained by the third and fourth respondents, the latter claiming himself to be an

advocate. However, on inquiry, it was found that the law degree possessed by the fourth respondent was a fake one

and he had colluded with another lawyer to create forged documents. Accordingly, the Court had ordered the

Commissioner of Police to register a criminal case.

When the matter came up for hearing recently, the bench of Justices S Vaidyanathan and AD Jagdish Chandira was

apprised that the Investigating officer had taken steps for police custody of the respondent in order to cull out the truth.

The court also noted that it was very unfortunate that a person, facing such criminal charges, was holding a

responsible post.

It is very unfortunate that a person, who is facing criminal charges is allowed to hold a responsible post in various

Committees of the Council, ignoring the fact that this profession alone is regarded as the noblest one, by calling

Advocates as Gentlemen.

The Chairman of the Bar Council of Tamil Nadu and Puducherry informed the court that the Bar council members had

unanimously decided to remove the two erring lawyers from the Enrollment Committee and the Disciplinary Committee.

The lawyers had already resigned from their respective posts and meeting are scheduled to be held for selecting fresh

members.

The court emphasized that any Advocate, who was a member of the bar, should not hold any post till he is exonerated

from the charges completely by the Appropriate Forum.

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Uttarakhand High Court to Authorities

It is needless to mention that in case of any Advocate, who is a member of the Bar Council, facing a criminal case,

he shall not hold such post till he is exonerated from the charges completely by the Appropriate Forum. The Bar

Council of Tamil Nadu and Puducherry is directed to verify the conduct of C.Sri Muruga, whose act comes under

the purview of moral turpitude. It is directed that the Bar Council of Tamil Nadu and Puducherry, before permitting

an Advocate to hold a significant post in the Statutory Committees, much less Enrollment and Disciplinary

Committees, shall verify his/her antecedents without giving any room for such appointments.

The court also directed the Inspector General of Registration to issue a communication to all Sub Registrars' Office and

collect details as to how many documents have been registered by these advocates. The District Registrar was directed

to assist the court to collect these details.