Lawyers get 15 days Opportunity for Verification by Supreme Court: Order and Guidelines

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The Supreme Court on 23rd August granted one last opportunity for lawyers to cure defective applications and to submit complete application forms, for verification of degrees as it was mandated by BCI under the BCI (Certificate of Practice) Rules, 2015. [PDF]

The Bench of Justice RK Agarwal and AM Sapre, in the matter of Ajayinder Sangwan v. Bar Council of Delhi, [Transferred Case No. 126 of 2015] have given an opportunity to all Advocates to cur the defective applications and provided certain other guidelines to State Bar Councils, in matter related to verification  of Advocate and Bar Council  Election. 'To do complete justice to the parties, the bench provided a last opportunity for the same and directed as mentioned below:-

(1)    15 (fifteen) days’ time be given to cure the defective applications by the concerned Advocates and to all such advocates to submit their complete application forms for necessary verification of their degrees if they have not submitted the same earlier, from the date of publication of advertisement in two leading newspapers, one in English language and the other in regional languages havig wide circulation in the respective State/Union Territories, for which advertisement shall be published within 7 days from the passing of this orders
(2)    1 (one) month time for verification of applications, without any charge, by the State Bar Councils, after the expiry of the above 15  (fifteen), days.
(3)    The University Authorities shall ensure the verification of degrees awarded by them, without any charge, within 1 (Month) on its presentation.
(4)    The respective State Bar Councils shall publish a Final Electoral Roll by including the names and particulars of such advocates whose degrees attached with the application forms have been verified by the concerned University authorities. The names of all such Advocates who have not removed the defects in the application forms already submitted within the specified time and also such persons whose degrees on verification have been found false or fake by the University authorities shall not be included in the Electrical Rolls.
(5)    Bar Council of India to declare the schedule of  elections in respective State Bar Councils to be held after the expiry of 75 (seventy five) days, as mentioned above, within one week mentioning therein:-
    (i)    15 days for nomination.
    (ii)    1 week for withdrawal of nomination.
    (iii)    To upload final candidates list in 1 (one) week.
    (iv)     to decide the date of election. 
6)    We further make it clear that all the steps be taken by all the parties concerned in the matter for the purpose of elections in respect of all the Bar Councils where the term of the existing members have already expired or to be expired.  We further make it clear that although this order has been used in favour of the verification only for the purpose of the election but it would also include for the purpose of verification of all other learned lawyers who have already applied within the time stipulated by this Court. 
7)    We direct all the State Bar Councils to take necessary steps and to conclude all proceedings by 31.12.2017 and see  reply to the Bar Council of India. Therefore, the  council of India, after receiving all the replies from the state Bar Councils, would file a status report.
8)    We, hereby, authorize the Bar Council of India to notify all the state Bar Councils, by way of publication in two leading newspapers, that they must take all steps to complete the process before 31.12.2017.
9)    The Bar Council of India is directed to request a retired Judge of the Supreme Court in order to control and supervise the verification process and preparation of electoral Rolls. We direct the Bar Council of India to take all steps in this regard immediately in order to do the needful. All concerned are directed to render full assistance and cooperation to verification Committee. List the matter in the second January, 2018 on a Non-Miscellaneous Day.
You can get the order here.[PDF]

Read Judgement.


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