Sunday, October 15, 2017

LAW /lawyers' CORNER

An update


https://barandbench.com/kirubakaran-hooligan-legal-profession/


https://www.facebook.com/permalink.php?story_fbid=933265750162151&id=100004362037663

The Mad HC's is a landmark Judgment- to be specially marked as a Judicial view, provoking quite useful sense of right (righteous !) direction among the lawyers' fraternity in general; and  in those, in an insignificant minority though, who  seem to entertain a misguided belief that they live in a totally lawless society / no man's island. Yet anther strongly worded REMINDER to them that the moment of truth is knocking at the doors; and, only the fittest and duly equipped, and, by any standard, none other than the  'honest' , could survive in practice, in all times !

Extracts (regarded as worth to specially focus on- highlights supplied ) :


 <> The above incidents only speak about the present position of legal profession and no one can deny the serious and grim condition prevailing. It is said that there is systematic entry of criminal, communal elements and extremist groups into the profession and they are trying to hijack the very system for their illegal activities, antisocial acts and personal benefits. Some of the advocates had even gone to the extent of barging into Chief Justice's House in May, 2015 seeking permission to move anticipatory bail in a criminal case for an advocate. If the situation is not contained with an iron fist, justice delivery system will be weakened irreversibly. Therefore, it is high time to perform a surgery to chop off the gangrene affected part of the body and to revamp the whole system, right from election to Bar Council, admission to law colleges, as otherwise life (legal profession) would be at risk. It is heartening to note that the present petition filed by a committed lawyer has come as a device to salvage the situation.

 <> It is made clear that the justice delivery system would not be effective without effective participation of the lawyers who are the officers of the Court. Only minuscule of lawyers are indulging in these kind of activities and the observations made in this order is intended only against those unruly elements and not against the persons who are regular practitioners. Again at the risk of repetition it is made clear that this order is intended only against those erring lawyers/so-called advocates wearing black and white dress.
<> As the present case throws light upon the unsavory situation prevailing in the State, the following queries are raised by this Court to be answered by the newly impleaded respondents. 

1. Whether the so-called advocates wear…

<> Elements like Goondas, Criminals, law violators cannot take the avatar of an advocate and take shelter under the name of Advocate and try to shield their illegal/unlawful acts by entering into the profession and pollute the same which will be against the public interest. When Law is a service oriented profession, very harsh and shameful allegations are made against some of the persons, who seek to become Advocates. It is very shocking to note that persons, who were detained under the Goondas Act, the Tamil Nadu Act 14 of 1982, and history sheeters got enrolled as Advocates. If criminals and history sheeters are allowed to enrol and practise as lawyers before Courts of law, then it would bring about the end of rule of law. The justice delivery system has to function based on the valuable assistance rendered by the Advocates, who are officers of the Court. They owe duty not only to their clients but, also to the Court as well as to the society. It is evident that such a noble profession is sought to be hijacked by the criminal elements, it is contended. Presence of criminal elements in the profession will definitely jeopardise the very justice delivery system and the functioning of Courts will also be irreversibly affected.

<> 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.
 ......
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"...... Paragraphs 8 and 12 of the judgment in K.N. PUSHPAVALLI V. BAR COUNCIL OF TAMIL NADU AND ANOTHER reported in (2013) 3 MLJ 237 are extracted* here-under:

* 8. "On a perusal of the records, it is seen that the petitioner was working in the Registry of this Court and studied in the Law College, Bangalore and obtained Law Degree in the year 1987 and after her superannuation,................."

*12. " Though I am surprised by the action of the Registrar ? Administrative side of the Registry of this Court in ratifying her qualification in respect of Law Degree...."
 >>>>>
18. The Legal Profession is a noble profession and the members of the profession are supposed to have a thorough knowledge about law and better expertise in the field. A law graduate, by overnight, cannot be transformed into a full-fledged advocate........
 19. Many persons are said to have entered into the profession for the past 15 years, having obtained degrees fraudulently viz. procuring Law Degrees, in absentia, in the Institutions,....
20. .....


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8. 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.
9. The Bar Council has been giving approval without even ascertaining whether those colleges are having proper infrastructures or not. This Court on an earlier occasion had dealt with similar issue and to the knowledge of this Court, more than 200 law colleges are functioning in.....

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TAIL Note:  The court Judgment, if read in full,  speaks volumes on the sad state of affairs and deplorable conditions prevailing, rather threatening the future prospects of survival of law practice, as a noble- nay, an honorable profession, for too long to any longer take it in the stride/ or remain muted.

But then, having noted that,  in the court's seemingly well founded opinion, the BCA has miserably failed in its functionalities, all along, hence  to principally bear the brunt of the entire blame, is at all there is a way to redeem is an open but intriguing  QUESTION looming large in front ! THat bis going to depend upon to what extent the BCA does not fail but sit up, take a conscious note of  the suggested steps;  more so follow up to the end of ushering in and bringing about any improvement before the legal system collapses and is raced to the ground !

KEY Note:  In the light of the several observations, and adverse reactions on the 'quality' of professional competence , -as opposed to the disproportionate  'quantity' of lawyers produced - made a personal attempt to quickly get at some material of useful guidance in the matter. As a result of the random Search, made out of triggered anxiety , stumbled on some such material- one found to be closer  to the purpose in mind, is HERE >
http://www.gnlu.ac.in/GNLU%20Review%20Commission%20Reports/1.Professor%20Bakul%20Dholakia%20-%20GNLU%20Review%20Commission%20Report.pdf

But lo ! Contrary to huge expectation, on a quick glance through, have been left with an indelible impression, that all ongoing steps /course of action are, as of now, in the elementary stage of  'researching'- in its infancy / better said- incubative stage ! If so, going by purely impulsive  perspective,  perhaps, there might be many many (proverbial ) miles to go- forlorn distance to be traversed, - laboriously,  before any light at the end of the tunnel could be expected to be seen !

Nonetheless, not to be discouraged but being guided by the principle of  optimism of the  'WILL' - in preference to the so called 'intelligence') : OPEN to, - and INVITE, the loyal and honest members of the legal fraternity to rise to the occasion; and work towards fulfillment of the expectations of them, by the 'society' at large,- mindless of the final outcome thereof- PROVIDENCE  has in store ! 

Pray- May they find the source of  true inspiration in: 

<> "Obedience to the unenforceable" - a published Convocation Address - delivered in Jamshedpur- of a state in which one of the greatest civilizations once flourished- in the age of Emperor Ashoka  (when Pataliputra blossomed, now modern Patna)
<> authored (in mid 1990) Article on - then faced "Crisis of Public Faith in Judiciary (when the author fervently wished that was the) "Time for National Introspection''.
(BOOKS - A MUST Read: "WE, THE PEOPLE" -pg. 28;  and "We, the Nation..."- pg. 219)

For relat -ed/-able home truths /practical hints: May look through /into the recent >
http://www.business-standard.com/article/opinion/fixing-implementation-117101601332_1.html