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Lawyers Verification: Contempt petition filed in Supreme Court against Karnataka State Bar Council

Team SoOLEGAL 10 Oct 2017 10:10am

Lawyers Verification: Contempt petition filed in Supreme Court against Karnataka State Bar Council

A contempt petition has been filed in the Supreme Court against the Karnataka State Bar Council for alleged violation of the Supreme Court order of August 23 relating to lawyers’ verification.

The petition has been filed by one AP Ranganatha contending that the Karnataka Bar Council has violated the direction contained in Para 7(1) of the August 23 order.

In the said para, the Supreme Court had ordered the following:

“We have been informed by learned senior counsel for the Bar Council of India as well as the respective State Bar Councils that the process of verification is not completed yet. In view of that, to do complete justice to the parties, it would be proper for us to provide the last opportunity for the same as mentioned below:-

(1) 15 (fifteen) days’ time be given to cure the defective applications by the concerned Advocates and to all such advocates to submit their complete application forms for necessary verification of their degrees if they have not submitted the same earlier, from the date of publication of advertisement in two leading newspapers, one in English language and the other in regional language having wide circulation in the respective State/Union Territories, for which advertisement shall be published within 7 days from the passing of this order.”

The petition settled by Senior advocate HN Nagamohan Das and filed by Advocate-on-Record KV Muthu Kumar states,

“Karnataka State Bar Council has violated the order dated 23.08.2017 passed by this Hon’ble Court in Transferred Case (Civil) 126/2015 along with Transferred Case(Civil) 110/2015.

The petitioner has submitted that the Karnataka Bar Council has interpreted the said part of the order to mean that the fifteen days time given in the order is only to cure defects in the applications which are already submitted, and not for collecting/ submitting new applications from the advocates who have not submitted the application for verification earlier.

“On the same day after this Hon’ble Court has passed the aforesaid order/ direction Respondent No.2 has issued a notice/ direction by extending the time limit to submit the application of obtaining the Certificate of Practice for 15 days ( i.e. till 06.09.2017).

However on 24.08.2017, in violation of this Hon’ble Courts order  Respondent issued another letter to the President, Advocates Association requesting to ignore its earlier letter dated 23.08.2017 by giving an interpretation to the order of this Hon’ble Court dated 23.08.2017 that the 15 days time has been given only to cure the defects in the  applications which are already submitted and not for collecting/ submitting new applications from the advocates who have not submitted the application for verification earlier.”

It is the petitioner’s contention that para 7(1) affords an opportunity to lawyers who have not submitted their verification forms earlier, to do so.

“The understanding of the Petitioner is that this Hon’ble Court along with giving time to cure the defects in already submitted applications has also  given an opportunity to all the advocates to submit their application forms for necessary verification of their degrees if they have not submitted the same earlier within 15 days of publication of the advertisement in two leading newspapers ( publication has to be done within 7 days from the passing of the order dated 23.08.2017).”

The petitioner has also referred to the notice published by Bar Council of Maharashtra & Goa in newspapers allowing lawyers who have not submitted their verification form along with requisite documents to do so before the cut-off date.

Based on the above, he has sought for initiation of contempt proceedings against Karnataka Bar Council.

Read the petition here:


Source: Barandbench


Tagged: Supreme Court   Karnataka State Bar Council   AP Ranganatha   Karnataka Bar Council  
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