Law Student Enrolled As Advocate Inspite Of FIR By Order Of High Court

 

Division Bench of this Court in K.Divya Vs. Bar

Council of Tamil Nadu and Pondicerry and another (W.P.(MD)No.12774

of 2018 dated 26.06.2018), came to the rescue of a law student whose enrollment as an Advocate was held up by the Bar Council for the reason

that a case was registered against the petitioner therein for the offences

under Section 153(A) and 505 (1)(b) IPC r/w Section 66 (F) of Information

Technology Act, 2000. Though the offence under Section 60(F) of Information Technology Act is punishable with imprisonment, which may

extend to imprisonment for life, the Division Bench of this Court by

considering the facts of that case and the nature of charges levelled, held

that such offence by no stretch of imagination can be said to be attracted in

the facts of the particular case and directed the Respondents to enrol the

petitioner as an Advocate. It is also necessary to refer to the decision of this

Court, in S.Manikandan Vs. Tamil Nadu Bar Council and others [W.P.No.

2309 of 2016, dated 21.10.2016], relied on by the learned counsel for the

petitioner and the relevant paragraphs are extracted hereunder :

“3.It appears that the petitioner made an application for

enrolment as an Advocate along with necessary documents on

30.03.2015. It appears that the police having apprehended a

student, was taken to the police station, where petitioner shown

to have went there to rescue the student to get him released, for

which, the police were not agreeable. In this regard, a

commotion took place. For having went there to the police

station with a group of people, FIR has been registered against

the petitioner and others, which is pending for more than one

year and no final report has been filed so far. There is no act of

attempt murder, neither a case of murder nor rape. Technically,

either of the respondent authorities are also not taking any

decision to enroll the petitioner, eventhough, the petitioner was

otherwise found eligible. Mere registration of FIR against any

person is not a proof of any offence being committed to disable

persons right.

4. In these circumstances, the writ petition is allowed,

directing the respondents/Bar Council to consider the case of

the petitioner for enrolment, after verification of the documents

available. No costs.”