BCI's new amendments should be implemented strictly: HC

The Madras High Court ordered that the new amendements by Bar Council of India in its rules making it madatory to submit verification forms disclosing convictions in criminal cases, if any, against a person who likes to enroll as advocates, should be implemented strictly.
The first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice T S Sivagnanam, gave the order on a PIL by Akshi Mani, an advocate, challenging the new amended rule of BCI after perusing the additional affidavit filed by the Chairman of Bar Council of Tamil Nadu and Puduchery (BCTP).
"This rule, in our view, should be implemented and this can be a methodology of checking various aspects" the bench said.

Mani, submitted that on the recommendations of the sub-committee formulated by BCI, certain rules which mandate the advocates to renew their practice for every five years were amended to the effect that every new lawyer who is enrolled shall first practice for a period of two years in the subordinate courts and then for another three years in High Courts for practicing in the Supreme Court.
He contended that it was a "very big blow to the young lawyers". He further submitted that these rules are contrary to Section 30 of Advocates Act 1961, which provides the right to practice before all courts in the country including the Supreme Court.

When the matter came up earlier, the bench directed BCTP to file an affidavit.

The Chairman of BCTP stated that column 13(b) of the application requires disclosure of pending criminal proceedings.
BCTP further stated that the verification is being done through the police to confirm this aspect. It also submitted that the verification process in respect of taking the Bar examination is in progress.
The bench posted the matter for further hearing to November 26.