Madras High Court said criminals cannot be lawyers
Madras High Court. (Photo: DC/File)
Chennai: Justice N. Kirubakaran on Friday expressed anguish that the presence of lawyers with criminal antecedents would “definitely jeopardise the very justice delivery system and the court functioning will also be irreversibly affected.”
Responding to the information in the petition filed by lawyer S.M. Anantha Murugan that persons detained under goondas’ act and history-sheeters also got enrolled as advocates one of them was caught robbing jewels in Madurai Justice Kirubakaran said, “If the criminal elements are allowed to enter, the justice delivery system will be hijacked.” He referred to the petitioner naming two such candidates awaiting enrollment before the Bar Council and the court cannot ignore these serious allegations.
Turning to the petitioner’s charge that the police issues ‘verification certificates’ to the candidates without proper verification of their antecedents, the judge said this must be viewed “very seriously since public interest is involved.” The police and the Bar Council must “take proper steps to filter those criminal elements and prevent them from entering the profession in the interests of the society and the judiciary, which is one of the pillars of the state.”
“There is every possibility of an advocate to become a judge one day. When such an onerous responsibility is to be shouldered by those candidates in future, the role of the Bar Council is important to verify the background of the candidates thoroughly,” Justice Kirubakaran said, pointing out, “Prevention is better than cure.”
He said though many candidates could be affected by his order now, the court must see the larger interest of the society. “Public interest would prevail over private interest. After verification, they can be enrolled,” he said directing the Bar Council to postpone the Monday enrollment and posting the case to August 11.
In an earlier order (2013), Justice Kirubakaran had directed the Bar Council to verify the antecedents of the candidates before enrolling them as lawyers. He said candidates above the age of 35 and those with criminal background should not be entertained. However, some ‘candidates’ appealed the Supreme Court and obtained stay. It is not known whether the stay would apply only to the ‘age-bar’ cases and not to the ‘dubious’ candidates as well.
( Source : dc )
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