The Bombay High Court recently came to the rescue of Advocate Mahendra Kachawale, whose registration with the Bar Council of India was at first suspended and then kept pending even though Kachawale had obtained another degree from ILS, Pune.
A division bench of Justice BP Dharmadhikari and Justice SV Kotwal directed BCI to look into Kachawale’s application for re-registration and take “a suitable decision upon the application for enrollment within further period of one week”.
Kachawale’s enrollment was suspended in 2011 by the BCI after it was discovered that he had obtained his LLB degree from a college that was not recognised by the BCI or the University Grants Commission. However, he took admission in a three-year LLB course and obtained a new degree from ILS, Pune, in 2015. On the basis of this degree, he applied for re-registration.
However, Kachawale’s lawyer senior counsel Mihir Desai submitted that after repeated enquiries about the status of his application, the BCI informed his client that his application had been kept pending as he was convicted in a case of cheating and forgery.
A magistrate court in Solapur had convicted Kachawale in a case of cheating and forgery.
But, Mihir Desai informed the bench that his client had recently been acquitted of the said crimes in an order dated August 13, 2018. The court noted that Advocate Amit Sale, appearing for BCI, pointed out that this piece of information was coming on record for the first time during the arguments.
Therefore, the court asked the BCI to have a re-look at Kachawale’s application and directed the matter to be listed in two weeks. It said: “Petitioner to supply the Judgment of acquittal to Respondent Nos.1 and 2 within next 3 days. Respondent Nos.1 and 2 to take suitable decision upon his Application for enrollment within further period of one week.”
Read the Order Here