MOHD ARSHAD KHAN Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) This Writ Petition has been preferred by the petitioner herein seeking quashment of enrollment of respondent No.10 herein as an Advocate enrolled by State Bar Council of Delhi and also sought direction to hold C.B.I. enquiry against respondent No.10 herein in relation to alleged impersonation by him in obtaining enrollment.

(2.) Essential facts necessary to decide lis brought before this Court are as under :

(3.) Respondent No.10 being main contesting respondent has filed his return controverting the averments made in the writ petition questioning the locus of the petitioner herein. It has been stated in the return that the petitioner has no locus to challenge his certificate of enrollment issued in his favour by respondent No.3 herein as he has never impersonated anybody and the allegations are false and baseless and this writ petition has been filed with ulterior object for obtaining cheap popularity by the petitioner, who is an Advocate by profession. The Criminal Case No.507/93 was registered against respondent No.10 (State of M.P. Vs. Shri Prakash alias Din Dayal Choubey) alleging that he is imposter and obtained enrollment by submitting forged and fabricated certificates in which vide judgment dated 22.4.1997 he has already been acquitted and that order has attained finality. On the basis of order of acquittal he subsequently moved an application on 23.2.2002 before the Bar Council of India for consideration and recalling of its earlier order dated 8.4.1984, in which the Bar Council of India had given an option to him on 05.08.2002 to apply for a fresh enrollment to any State Bar Council in India and on the basis of said order, he applied to the Bar Council of Delhi for fresh enrollment. It was considered by the Delhi State Bar Council and he was ultimately enrolled as an Advocate vide enrollment No. D/1634/2002 and therefore, he is legally eligible under the provisions of the Act of 1961 to appear as an Advocate anywhere in the country. Thereafter, on the basis of false complaint made against him, by order dated 10.6.2006, respondent No.1-Bar Council of India initiated removal proceedings No.2/2006 and ultimately, by order dated 10.6.2006, the Bar Council of India removed respondent No.10 from the roll of Advocates, against which, respondent No.10 preferred a Review Petition before the Bar Council of India. The Bar Council of India on 28.6.2008 partly granted the review petition holding that order dated 10.6.2006 removing respondent No.10 from the roll of State Bar Council of Delhi will not bar his future enrollment with any of State Bar Council if the applicant/respondent No.10 so apprises that he has been acquitted in criminal case instituted against him. Respondent No.10 again applied for being enrolled as an Advocate in the State Bar Council of Delhi and the State Bar Council of Delhi on 14.7.2008 again enrolled him as Advocate being enrollment No.D/848/2008.