Chennai: The Madras high court has advised the Bar Council of India that no advocate who held or is holding a key post in a political party or who is or was an elected member of the legislative assembly or parliament should be allowed to contest in the Bar Council elections to avoid any political interference in the legal profession and make the Bar Council a playground to achieve their political ambitions.
Justice N.Kirubakaran also suggested that candidates with criminal background be barred from contesting the elections. The candidates should also declare their assets and that of their family members, besides disclosure of income earned by the aspiring candidates from their profession as well as other sources for the past 10 years as on date, the judge added.
During the hearing of a case relating to a medical college, after the involvement of lawyers in the dispute was brought to the notice of the court, the judge had raised 25 queries to be answered by BCI.When the case came up for hearing on December 8, the judge, acceding to BCI's request, granted more time to file its reply. Advocate N.Senthilkumar pointed out that election to the BCI was going to be held and made five suggestions relating to declaration of assets, disclosure of income, disclosure of pending cases and the post held in any political party by the candidates. Acc-epting the same, the judge said the suggestions appear to be fair and reasonable and it was only in the interest of the profession.
“If the details are furnished, the voters namely, the advocates, would be in a better position to understand the credentials of the contestants. Further, this court is of the opinion that the candidates involved in the criminal cases, where charge sheet is filed and the punishment for the offences of which is more than 3 years should not be permitted to contest in the election, as in the case of election of those candidates facing such serious criminal cases may be detrimental to the disposal of the criminal cases pending against them in a free and fair manner”, the judge added.
The judge said that the ration card, PAN card and Aadhar card of the candidates have to be verified to ascertain their address, social status and their income at the time of nomination. “The suggestions could be placed by BCI before the Committee appointed by the Supreme Court, namely, Justice Anil R.Dave Committee, so that the committee would be in a position to give a comprehensive direction to all the Bar Councils making it necessary for the candidates to disclose these details at the time of filing nominations itself”, the judge added.
