CHENNAI: Can advocates, who are holding posts of ministers, MPs, MLAs and MLCs, continue to appear in courts and argue cases, for a fee.
The issue has come up for consideration before the
Bar Council of India and the statutory body has issued notices to all sitting ministers, parliamentarians and legislators. Their number runs into several hundreds across India.
BCI chairman
Manan Kumar Mishra, confirming that notices had indeed been issued, said in a press release that a final decision on the matter would be taken on January 21.
BCI notice is on lawyer Ashwini Upadhyay's representation demanding ban on such MPs and legislators from practice. In his representation he had taken the plea that since the MPs, MLAs and MLCs were getting salary from government, they could not be allowed to practice as per Rules of
Bar Council of India and the Advocates Act.
"Citing some judgments of the
Supreme Court, Upadhyay contended before the Council that such MPs or MLAs cannot secure their clients honestly as they are supposed to attend the parliaments/assemblies during session. This apart, they are the public servants as per settled law of apex court, " it said.
The BCI, a few weeks back, had constituted a sub-committee consisting of its senior members and co-chairmen BC Thakur, RG Shah, DP Dhal and S Prabakaran (special invitee).
" The committee, after considering the representation, has decided to issue notice to the M.Ps/MLAs and has invited their comments with regard to the representation. The Council has thought it just and proper to seek the comments of those M.Ps, MLAs or MLCs who are in
legal practice, before taking any final decision in this matter. It is very important issue which may have a far reaching affects. Therefore, it is necessary to invite the opinion, views and comments of the persons concerned,",the statement read.
The council is to meet on January 21, 2018 for taking a final decision on this crucial issue, said chairman Mishra.
