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The Madhya Pradesh High Court has declared that a person cannot be barred from enrolling as a lawyer merely for being an accused for a criminal offence where the guilt has not been proved yet.
Justice Sheel Nagu directed the Bar Council to reconsider its decision and also imposed costs of Rs. 5000 to be paid to Braj Mohan Mahajan who was denied entry into the State Rolls as Advocate.
M.P. State Bar Council, on the ground that he was accused in a criminal case and the offences punishable u/S 452, 352, 323, 294 of IPC were alleged against him, refused to enroll Braj Mohan. Challenging this, Braj Mohan approached the HC. Before the HC, the state bar council relied on a decision given by the HC, wherein it was held that pendency of criminal case provides enough ground to incur disqualification for being registered as an advocate under the 1961 Act. After perusing the said judgement, it was observed that the facts of the said case were different as the accused was convicted for offence punishable under the Prevention of Corruption Act, 1988 and his appeal before the High Court was pending.
Furthermore, the bar council told the High court that a resolution has been passed by it, debarring persons accused of criminal offences from entering into rolls as advocates, to which the court said that enabling provision u/S 24(1)(e) cannot override the provision of Section 24-A of Advocates Act which is couched in prohibitive language. Going by the Rules of interpretation of statutes the provision of Section 24-A of the Advocates Act cannot be supplanted by Section 24(1)(e), unless the Council any other condition, specified in rules framed by the State Bar Council under Chapter III of Advocates Act, can be pointed out.
The Court then directed the M.P. State Bar Council for re-considering the application filed by Braj Mohan for enrollment as an Advocate, strictly in terms of Section 24 of the Advocates Act, and grant him entry into State Rules as Advocate in the State Bar Council, if he is not deemed to be disqualified u/S 24-A of the Act.
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