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Breaking: Lawyers Verification- SC Grants 15 Days’ Time For Lawyers To Submit/Cure Defective Applications, One Month’s Time For Bar Councils For Verification [Read Judgment]

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23 Aug 2017 12:32 PM GMT
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Supreme Court of India has  allowed 15 (fifteen) days’ time for lawyers to cure the defective applications Advocates and to all such advocates to submit their complete application forms for necessary verification of their degrees if they have not submitted the same earlier, from the date of publication of advertisement in two leading newspapers, one in English language and the other in regional language having wide circulation in the respective State/Union Territories, for which advertisement shall be published within 7 days from Today.

A bench of Justices RK Agrawal and Abhay Manohar Sapre also allowed  month time for verification of applications, without any charge, by the State Bar Councils, after the expiry of the above 15 (fifteen) days.

Supreme Court 05.10.2015, directed that all the matters which are pending in different High Courts in connection with the matter in question be transferred to Supreme court for hearing while refusing to grant stay in respect of giving effect to the Notification in connection with the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015.

 The Petitioners requested for immediate elections of the State Bar Council as the term has expired long back whereas the Bar Council of India is pressing for the need of verification of the candidates to eliminate fake lawyers in order to bring improvement in the Bar and to get deserving practicing advocates for the respective Bar Councils.

The Bench has directed the Bar Council of India to declare the schedule of elections in respective State Bar Councils to be held after the expiry of 75 (seventy five) days.

The Bench also directed the Bar Council of India to request a retired Judge of the Supreme Court in order to control and supervise the verification process and preparation of Electoral Rolls.

Directions

(1) 15 (fifteen) days’ time be given to cure the defective applications by the concerned Advocates and to all such advocates to submit their complete application forms for necessary verification of their degrees if they have not submitted the same earlier, from the date of publication of advertisement in two leading newspapers, one in English language and the other in regional language having wide circulation in the respective State/Union Territories, for which advertisement shall be published within 7 days from the passing of this order.

(2) 1 (one) month time for verification of applications, without any charge, by the State Bar Councils, after the expiry of the above 15 (fifteen) days.

(3) The University Authorities shall ensure the verification of degrees awarded by them, without any charge, within 1 (month) on its presentation.

(4) The respective State Bar Councils shall publish a Final Electoral Roll by including the names and particulars of such advocates whose degrees attached with the application forms have been verified by the concerned University authorities. The names of all such advocates who have not removed the defects in the application forms already submitted within the specified time and also such persons whose degrees on verification have been found false or fake by the University authorities shall not be included in the Electoral Rolls.

(5) Bar Council of India to declare the schedule of elections in respective State Bar Councils to be held after the expiry of 75 (seventy five) days, as mentioned above, within one week mentioning therein:- (i) 15 days for nomination. (ii) 1 week for withdrawal of nomination. (iii) to upload final candidates’ list in 1 (one) week. (iv) to decide the date of election.

The Court further made it clear that all the steps be taken by all the parties concerned in the matter for the purpose of elections in respect of all the Bar Councils where the term of the existing members have already expired or to be expired.

The Court also made it clear that although this order has been passed in favour of the verification only for the purpose of the election but it would also include for the purpose of the verification of all other learned lawyers who have already applied within the time stipulated by this Court.

The Court directed all the State Bar Councils to take necessary steps and to conclude all proceedings by 31.12.2017 and send a reply to the Bar Council of India. Thereafter, the Bar Council of India, after receiving all the replies from the State Bar Councils, would file a status report.

The Court authorised Bar Council of India to notify all the State Bar Councils, by way of publication in two leading newspapers, that they must take all steps to complete the process before 31.12.2017.

The Court directed that the Bar Council of India to take all steps in this regard immediately in order to do the needful. All concerned are directed to render full assistance and cooperation to the Verification Committee.


Read Judgment Here

 

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