Madras HC Shuns Goondas Taking Avatar Of Advocates, Blames BCI For Mediocrity In Legal Profession [Read Orders]

The Madras High Court has made some serious observations against people in “black and white” dress acting as hooligans while holding the Bar Council of India for institutionalizing mediocrity in the profession by randomly granting approval to law colleges and creating disproportion in demand and supply of lawyers in the society.

 Justice N Kirubakaran of the Madras High Court made some scathing observations against the unsavoury system in place in India where getting a law degree from “letter pad colleges” is a common practice and asked BCI on what basis it has increased number of law colleges in India which stood at 800 (in 2014) against the needed 175 colleges in 2010.

The court delved in to the issue of lawyers acting as hooligans while dealing with a petition moved by second year MBBS students of Annai Medical College and Hospital which was started only last year. The students have petitioned that they be absorbed in government institutions as the college has failed to repay loans and taken over by bank with most of its staff having resigned and hospital having shut down.

There is also dispute among the management (the old and the new trustees) which is pending before Civil Court.

During the hearing of the case, Mr.Sirajudeen, Senior Counsel appearing on behalf of the petitioners and Mr.R.Singaravelan, Senior Counsel appearing on behalf of the original trustees produced certain photographs showing some persons identifying themselves as Advocates wearing black and white dress stationed inside the college building.

When the court sought to know more, the new trustees claimed the advocates were engaged by old trustees to retain the possession while the old trustees said they were hired by the new trustees to take over the possession.

A report called by the Superintendent of Police, Kancheepuram District suggested that both the parties engaged advocates on September 20 and October 6.

“..it is clear that both the parties do not have faith either in the judiciary or in the police and they took law in their hands and to take over possession or to retain possession, they engaged some people called as advocates, who are dressed in black and white,” Justice Kirubakaran said.

“it has become usual for some of the parties to engage the so-called advocates to settle civil disputes or property disputes. The police had also pointed out the names of some of the advocates. However, the Deputy Superintendent of Police who is present before this Court would categorically state that one Mr.Padmanabhan and Mr.Wilson, learned advocates representing the old trustees were only explaining the order passed by the Court to the police and similarly, Mr.Ramakrishnan, Mr.Balaji and Mr.Neethikumar, learned advocates representing the new trustees were also explaining the Court orders.

“Therefore, except the aforesaid advocates, the other persons who are found in the photographs as well as named in the affidavit filed by the Superintendent of Police, Kancheepuram are to be squarely blamed for this kind of illegal action. The parties should be discouraged from engaging the so-called advocates for settling the Civil disputes.

Considering that the so called advocates should not have come into the property but for the instructions given by the both the new trustees as well as the old trustees, the court directed “the old trustees as well as the new trustees to file an affidavit before this Court as to who are all the advocates who were engaged by them in this regard, other than the persons who have been exempted by this Court”.

People have faith in persons in “black and white dress” acting as hooligans

 Justice Kirubakaran said “it is neither surprising nor shocking for this Court to hear about engagement of “so-called Advocates” to retain possession by the original trustees or to take forcible possession of the subject medical college viz., Annai Medical College, Sriperumbudur by the new trustees, based on certain Court orders”.

 It is the usual modus operandi of any party who wants to take forcible possession or retain possession, engaging certain persons, called “Advocates”, wearing Black and White dress, as hooligans and who are capable of threatening and resisting even the police force. This trend is prevalent for the past few years in Tamil Nadu. It is a classic case to demonstrate as to why the people do not exhibit their faith either in the judiciary or in the police and have faith only on the persons in “black and white dress” claiming themselves as Advocates, to be engaged as “paid hooligans” to involve in property disputes. To put it in other words, these alleged lawyers act like extra constitutional authority.

“It is a fact that persons with criminal background are entering into this profession by purchasing law degrees from letter pad law colleges, especially from Andhra Pradesh and Karnataka, which are selling law degrees for price without even conducting regular college”, he said.

Justice Kirubakaran quoted from the Supreme Court judgement in S M Anantha Murugan vs Chairman, Bar Council of India to say that “Neither Legal Profession is an asylum for criminals, Nor law Degrees are shields for their criminal activities” and “elements like Goondas cannot take avatar of an advocate”.

Justice Kirubakaran also stressed on the recommendation that “the Parliament amend the Advocates' Act suitably incorporating the provisions for disqualifying persons accused of offences except bailable offences attracting upto 3 years punishment, compoundable offences either from getting into law colleges or entering into the profession and convicted persons, as it has become necessary”.

 Dangerous trend, BCI giving nod to law colleges

The high court also reiterated its stand on the dangerous trend of people from other professions getting law degrees without even attending classes and from letter pad colleges while BCI continues to give its approval to law colleges without even ascertaining the need for more colleges.

“One another dangerous trend in getting law degree is that those who are employed as full time government servants, persons working in private companies and Multi-National Companies and persons involved in real estate business are acquiring law degrees irregularly in absentia without even attending the classes from the colleges situated about hundreds of miles away from their place,” said the court.

“It is being said that even the examinations are meddled with and somehow they are able to get degrees. Even those persons are able to secure a pass in the examinations conducted by the Bar Council. Many such candidates do not even have basic knowledge of English and it is surprising that they are able to write the examinations in English medium in the law colleges situated outside Tamil Nadu. Further, some of those persons, after retiring from service are making use of their irregular law degrees obtained during their service to enroll jeopardizing the practice of the younger advocates who are wedded to the profession. This is a very serious issue,” it added.

 BCI institutionalising mediocrity

Expressing concern over increasing number of law colleges and the trend of BCI once giving approval to three colleges every day, Justice Kirubakaran said, “The number of law colleges in the country was 800 in the year 2010 and Mr.Gopal Subramanium, the then Ex-officio Chairman of the Bar Council of India declared that there are much more than the required number of law colleges functioning in India and the actual requirement of law colleges in India is only 175 and steps should be taken to reduce the number to 175”.

“However, after his term as Ex-officio Chairman of Bar Council of India, contrary to his proposal, the successive office bearers of the Bar Council of India granted permission to increase the number of colleges from 800 to 1200 colleges within a span of two years. In the year 2014, for every three days, the Bar Council of India had approved one new college. Instead of bringing excellence in legal education, the bar council had institutionalized mediocrity”.

“The Bar Council has been giving approval without even ascertaining whether those colleges are having proper infrastructures or not…more than 200 law colleges are functioning in Andhra Pradesh and about 125 law colleges are functioning in Karnataka. This Court is unable to understand as to why in the States of Andhra Pradesh and Karnataka, there is a need for so many colleges,” it rued.

 Make Biometric attendance rule in law colleges

The court observed that many persons without even attending the colleges are able to get law degrees in absentia and some of them are using those degrees only as a shield to hide their criminal activities and many incidents have occurred in Tamil Nadu in which many persons with bogus degrees are accused of so many offences and even found to be murdered.

“Thus, time has come for the Bar Council of India to make the biometric attendance system mandatory in the law colleges and also create a centralized portal containing the details of the teaching staffs available in the law colleges/institutions throughout India. That is also the reason why this Court had directed the Bar Council to get the individuals antecedent verified before enrolment, since large number of candidates had purchased the law degree from the letter pad colleges, which are functioning in the bordering states of Tamil Nadu viz., Karnataka and Andhra Pradesh. 

These kind of people who purchase the law degrees from letter pad institutions do not prefer to practice before the Court, but they prefer only to indulge in “Katta Panchayat”, under the guise of resolving the civil disputes. The situation has gone to the extent of threatening the advocates who are appearing for the other side in litigations. If such is the situation even inside the Court, where dispensation of justice is being done, one cannot imagine the position outside the Court,” he said.

 Demand and Supply of lawyers

Justice Kirubakaran touched upon how the supply of lawyers in India was more than the demand leaving many lawyers without any briefs and forcing many to resort to criminal activities, like in the instant case.

“There is no man power policy available with the Bar Council of India to take into consideration as to the requirement of lawyers in the society and the current supply of law graduates from the law colleges, like what has been done by the Chartered Accountant Council which used to take into account the demand of the Chartered Accountants in the particular year and allow only 7 to 8 pass percentage in the examination conducted by it. Such should be the attitude of the Bar Council.

“Because of lack of such policy, Bar Council is giving approval to more number of law colleges, without application of mind and without taking into consideration of the demand and supply principle and without knowing what is the requirement for the Advocates as on date in the society. The present situation has arisen because the persons who possess law degrees do not have any briefs in their hands and hence, they are constrained to indulge in these kind of criminal activities. Therefore, the Bar Council of India and the Bar Council of Tamil Nadu should be squarely blamed for the  present situation.”

 “…time has come for the Bar Council of India as well as the Bar Council of Tamil Nadu and Puducherry to wake up and understand the reality, that without availability of any work to the so-called Advocates, naturally they will be indulging in these kinds of illegal ways to earn money for survival.

 He cited the example of School of Excellence in law – The Tamil Nadu Dr.Ambedkar Law University where the students who are able to secure more than 80% marks are finding it difficult to get admission in law courses.

“Similar is the situation in other law colleges in Tamil Nadu. Whereas, in many other States, the law colleges are admitting students with lesser marks, bringing mediocrity in the profession. Therefore, the Bar Council of India has to prescribe at least a minimum of 75% marks in +2 examination or a minimum prescribed mark in CLAT examination to secure admission in the law colleges throughout India.

 The court impleaded Chairman, BCI, Chairman, Bar Council of Tamil Nadu, Puducherry and Chennai, Ministry of Law and Justice, Law Secretary, Director General of Police, Tamil Nadu, Mylapore, Chennai. Commissioner of Police Chennai so as to enable them to take necessary disciplinary proceedings and criminal actions against the persons who are alleged to be involved in Katta Panchayat and in this issue viz., trying to get the possession or safeguard the possession of the subject college.