Hon’ble Supreme Court while dealing with a petition here on 01.03.2019 in the case of “Anand Kumar Sharma v. Bar Council of Rajasthan & Another” stated that the Bar Council of India is entitled to remove the name of a person who entered on the Roll of Advocates by misrepresentation.
BRIEF FACTS OF THE CASE
The Appellant was enrolled as an advocate in the Bar Council of Himachal Pradesh in July, 1988. He applied for transfer of his enrolment to the State of Rajasthan which was permitted by the Bar Council of India on 27th May, 1989.Further, a complaint was made against the appellant Appellant’s enrolment in the State of Himachal Pradesh was obtained by suppression of facts and relevant material leading to the cancellation of his enrolment on 6th November, 1995 by the Bar Council of India.
2 more attempts were made by the appellant for enrolment but denied by Bar Council of Rajasthan, with the confirmation of Bar Council of India. In the last denial the ground was given the age of the petitioner which was more than 45 years. The appellant was also found involved in the criminal case in his earlier profession as a medical officer.
Thus, the appellant challenged the orders of the Bar Council of India before this court in this petition.
DECISION OF THE COURT
Hon’ble court held that the Bar Council of India is entitled to remove the name of a person who entered on the Roll of Advocates by misrepresentation. The repeated attempts made by the appellant later amount to the abuse of power.
The appeal was dismissed with direction to the appellant not to indulge in pursuing the matter pertaining to his enrolment as Advocate.
Read the full judgement here-
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