Chennai: In a bid to weed out “fake” lawyers, Madras high court has suggested that there should be amendments to All India Bar Council Examination Rules, 2010 and if required to the Advocates Act, 1961, to allow enrolment and practice of newly enrolled advocates only after passing of the Bar Council exams.
Justice S. Vaidyanathan gave the directive after noticing suppression of facts and duplication of lawyers representing petitioners, who obtained anticipatory bail earlier in a matrimonial case, filing the vakalats.
The judge said all courts and tribunals in Tamil Nadu shall have the power to demand identity card, enrolment certificate and address proof of an advocate, if it has doubt and even direct them to produce photostat copies of the same and courts can refer it to the respective bar council for verification and if required, for necessary action.
Advocate general Vijay Narayan submitted that to avoid fraud and filing of fake documents, this court can frame certain guidelines, so that it can be followed by Registry before numbering the petition.
He further submitted that the Appellate Side Rules needs amendment for procedures.
He drew the attention of this court to Rule 8, which stated that execution of a Vakalat has to be attested by an advocate other than the advocate in whose favour the Vakalat was executed or an advocate who has appeared for the party in the proceedings.
The chairman of the Bar Council, in a statement has stated that more than 33 per cent of the lawyers in TN were fake. “Undoubtedly, legal profession is deteriorating through persons, who are conducting Kangaroo Courts. To avoid malpractice, filing procedures shall be followed while executing the Vakalat in terms of Rule 8,” the judge added.
Coming to case on hand, passing orders on a petition filed by the wife, the judge cancelled the anticipatory bail granted to the husband and three of his relatives as they had suppressed the pendency of the earlier anticipatory bail petition and they have been in the habit of changing counsel.
