The first bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu issued the direction while hearing a public interest litigation (PIL) by KB Vijayakumar, an advocate. 

The petitioner sought a direction from the court to the BCI and Bar Council of Tamil Nadu and Puducherry to enrol law graduates waiting for their enrolment from 2016.

Apart from the documents stipulated by the Advocates Act, 1961, and the rules of enrolment prescribed by the Bar Council of India, the other documents were not necessary for the enrolment, the petitioner stated.

“The Bar Council of India needs to issue fresh or re-issue circulars to all State bar councils specifying the documents that must be taken for enrolment of law graduates as advocates and not insist on documents that need to be produced only by already enrolled advocates,” the petitioner further submitted.

When the bench held that the petition could not be considered as the affected candidates should lodge complaints directly, the petitioner said the applicants were scared to raise complaints against the Bar Council, worried that it might resort to measures that would prejudice them. However, the bench declined to consider the apprehension noting that there was no basis for the contention that the Bar Council might be vindictive in its action.

However, even though it dismissed the petition, the bench said the Bar Council should receive applications from the candidates. “The Bar Council may do well to take up applications and dispose of the same as expeditiously as possible,” the bench ruled.