New Delhi, Jan 27 (PTI) The Supreme Court on Tuesday sought responses from the Bar Council of India (BCI) and the Bar Council of Telangana on a plea challenging a 2023 rule that disqualifies advocates from contesting Bar Council elections if two or more serious criminal cases are pending against them.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi issued notices to the BCI and the Bar Council of Telangana on the plea to examine the constitutional validity of Rule 4 of the Bar Council of India Rules, 2023.
The top court was hearing a plea filed by an advocate Srinivas G, whose nomination for the State Bar Council elections was rejected by the returning officer on the grounds that two criminal cases of a serious nature were pending against him and had not been disclosed.
The rejection was subsequently upheld by the High-Powered Election Committee.
Under the impugned rule, an advocate is ineligible to contest Bar Council elections if two or more criminal cases involving offences punishable with imprisonment of seven years or more are pending as of a date not later than nine months before the election.
The rule clarifies that the pendency of only one such case would not, by itself, attract disqualification.
The rule also provides that an advocate should not have been punished by any disciplinary committee, should not be a convict and should not have any disciplinary proceedings pending against him or her within nine months before the election.
It further mandates that a candidate must be a regular practitioner and should not be engaged in any other job or occupation. Advocates working as handwriting experts or appearing as witnesses in support of any litigant are also barred from contesting.
Any candidate aggrieved by the decision of the returning officer may approach the Central Election Tribunal of the BCI within three days, whose decision is final and binding.
Challenging the rule, the petitioner contended that disqualification based on mere pendency of criminal cases violates the constitutional principle of presumption of innocence, which forms a core part of criminal jurisprudence.
The court issued notice to the BCI and the Bar Council of Telangana and posted the matter for further hearing on February 20. PTI SKM SJK PKS KSS KSS
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