5774 - Steps taken by Bar Council of India to enquiry regarding Fake Lawyers.,I.A. No. 4-6 of 2015 in Transfer Petition (s) (Civil) Nos. 1364-1366 of 2015. D/d. 2.11.2015., SUPREME COURT OF INDIA


Before :- Pinaki Chandra Ghose and R.K. Agarwal, JJ.
I.A. No. 4-6 of 2015 in Transfer Petition(s)(Civil) Nos. 1364-1366 of 2015. D/d. 2.11.2015.

Bar Council of India - Petitioner
Ajayinder Sangwan And Ors. & Etc. Etc. - Respondents

T.C.(C) No. ....... of 2015 @ T.P.(C) No. 1233-1243 of 2015.
Bar Council of India - Petitioner
A.P. Ranganatha and Anr. etc. etc. - Respondents
For the Petitioner :- K.K. Venugopal, Sr. Advocate, M.N. Krishnamani, Sr. Advocate, Ardhendumauli Kumar Prasad, Taruna A. Prasad, Nirmal Kumar Ambastha, P. Chandra, Aviral Shukla, Anjul Dwivedi and Prerna Priyadarshini, Advocates.
For the Respondents :- Vivek Narayan Sharma, Tarunesh Kunur, Ajay Singh, Sidharth Mahayan, K.N. Bhat, Sr. Advocate, Deepika Tusir, Ghanshyam Joshi, Aman Nandrajog, T. Mahipal, H.N. Nagamohan Das, Sr. Advocate, Anantha Narayan M.G., Sharan Thakur, Vijay Kumar Paradishi and Ramesh Babu M.R., Advocates.

We have heard Mr. K.K. Venugopal, learned Senior counsel and other learned Senior counsel appearing for the parties.
2. It appears that a step has been taken by the Bar Council of India to cause an enquiry and to find out fake lawyers out of its members and/or not even a member of the Bar Councils and/or member of any Bar Associations of the country.
It is submitted that steps have been taken in the matter in accordance with the Advocates Act, 1961 and the Rules framed there under to come to a conclusion and to find out such numbers of fake lawyers in the country.
3. Learned Senior counsel appearing for the respondents prayed stay of such action of the Bar Council of India on the ground that lawyers who are not members of the Bar Association would be affected by such action. After hearing the learned Senior counsel for the parties, we do not think that it is necessary for us to pass any stay order against Bar Council of India with regard to the on-going process of such activities which they have undertaken to find out the numbers of fake lawyers in the country and to update its members.
4. We make it clear only that the persons who are not members of the Bar Associations of any State or District or otherwise to carry on their profession, the certificate which has been asked for by the Bar Council of India to be attached with the application form that should be taken into account by the respective Bar Councils allowing them to apply and thereby on such application concerned, Bar Council will take necessary steps to find out the correct position in respect of those persons. We further make it clear that the persons who are practicing as a conveyancing lawyer or otherwise or in terms of the Rules of the Advocates Act in any manner whatsoever, they should not be interfered with carrying on their practice in such manner whatsoever by the Bar Council of India, if they are legally enrolled through the Bar Councils.
5. However, certain grievances have been placed before this Court with regard to the persons who are carrying on as elected members of the State Bar Council although their tenure has already been expired, in those cases, we would only request the Bar Council of India to take necessary steps in accordance with the provisions of the Advocates Act, 1961 to remove such discrepancies in the matter.
6. This order is subject to the final outcome of the matters pending before us.
7. We direct the Registry to take necessary steps immediately so that all the petitions concerning the matter in question pending before any Court are brought before this Court.
8. Liberty is given to the parties to exchange their pleadings in the matters.
9. The matters are to appear on Board in January, 2016.

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