LAWS(CHH)-2019-9-85

HEMLATA PRADHAN Vs. STATE OF CHHATTISGARH AND ORS.

Decided On September 11, 2019
Hemlata Pradhan Appellant
V/S
STATE OF CHHATTISGARH AND ORS. Respondents

JUDGEMENT

(1.) Heard. The instant petition is filed on the ground that the petitioner has passed out her LLB, thereafter, she applied for provisional registration and had paid the requisite fees and filed the application on 29/3/2019 with State Bar Council. Along with the application, an affidavit was also filed wherein she stated that a proceeding under Sec. 341, 147, 186, 294, 506 Part-II, 353, 149 and 427 of I.P.C. is pending against her before the competent Court at Sarangarh. It is after that the Bar Council/ Respondent No.2 & 3 remained dormant on the issue for a considerable time, as no decision was taken about grant of provisional enrollment, therefore, the instant petition is filed.

(2.) Learned counsel for the petitioner would submit that under the Advocates Act, 1961 the only disqualification attached to the circumstances enumerated under Sec. 24A which manifest that the bar to practice an Advocate on a State roll shall only be applied when person is convicted that too for an offence of mortal turpitude. He therefore submits that the petitioner fairly enough disclosed the criminal case pending against her, therefore, for the pendency of the criminal case, unless the verdict is out, the said bar under the Act cannot be implied.

(3.) Learned counsel for the Respondents No.2 and 3 assisted the Court with respect to the legal implications which are applicable, as it would have a larger effect. The counsel submits that as per law laid down by the Supreme Court in 2014 9 SCC 1, the principle of implied limitation would be attracted in this case, which necessarily means that unless and until the person convicted, the Court cannot add anything to add to the disqualification. He further submits, however, it is embarrassing that a person having charge of a major criminal act rubs the shoulder with the Advocate of Bar which diminish and tarnish the image of bar before the general public.