The court also directed registries not to register cases where advocates on the list have filed vakalatnamas unless their status is resolved.
The Kerala High Court has directed the Bar Council of Kerala to publish the names of 1,157 advocates found to be practising without a valid Certificate of Practice (CoP).
The advocates, enrolled between 2010 and 2021, had not cleared the All India Bar Examination (AIBE), according to the court proceedings reported by IANS.
Key Points
- The names of 1,157 advocates must be published on the Bar Council of Kerala and Kerala High Court websites.
- The advocates were enrolled between 2010 and 2021 and had not cleared the AIBE.
- Court registries have been told not to register cases in which listed advocates file vakalatnamas.
- Advocates who subsequently obtained a valid CoP can seek removal of their names from the list.
- The directions came in a public interest litigation concerning advocates practising without fulfilling statutory requirements.
High Court Directs Publication of Full List
A Division Bench comprising Chief Justice Soumen Sen and Justice V.M. Syam Kumar ordered the complete list to be published on the websites of both the Bar Council of Kerala and the Kerala High Court.
The court also directed that no case in which any of the listed advocates has filed a vakalatnama should be registered by the Registry of the concerned court.
Where a vakalatnama has already been filed by one of the 1,157 advocates, the Registry must 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 send the list to all District Courts in Kerala.
Advocates With Valid Certificates Can Seek Removal
The High Court clarified that an advocate whose name appears on the list can have it removed if they have subsequently obtained a valid Certificate of Practice.
To do so, the advocate will have to produce an authenticated copy of the certificate.
PIL Raised Concerns Over Eligibility to Practise
The directions were issued in a public interest litigation raising concerns about advocates allegedly practising without fulfilling the statutory requirements.
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 with the Bar Council confirmed the status of that advocate. The petitioner subsequently sought details about the AIBE status of advocates enrolled with the Bar Council of Kerala.
In May, 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 moved the High Court, alleging that effective action had not been taken despite the disclosure.
The PIL sought enforcement of relevant provisions of the Advocates Act, 1961, including action against those practising without the required qualifications.
The High Court’s order requires the Bar Council to make the list public and take follow-up action in accordance with applicable rules.
–IANS
