Lawyer moves SC challenging suspension of 5,970 TN advocates
TIMES NEWS NETWORK
Chennai:26.03.2019
Advocate Sabarish Subramanian, one among the 5,970 lawyers from Tamil Nadu who were suspended by the Bar Council of India (BCI) for non-payment of subscription towards the advocates’ welfare fund, has approached the Supreme Court challenging the suspension.
He has challenged the suspension order on the ground that the lawyers were not served notice by the BCI before taking such adverse action. He wanted the court to quash the resolution dated March 22. Sabarish further contended that the suspension would affect the practice of advocates who have a standing of 25 years and above.
Similarly, a group of advocates led by G Mohana Krishnan, president of Madras High Court Advocates Association, made an urgent mention before the first bench headed by the Chief Justice of the Madras high court, V K Tahilramani. They wanted the court to grant an urgent hearing on the issue. To this, the bench asked the advocates to file a formal petition to consider their plea.
On March 23, C Raja Kumar, secretary to the Bar Council of Tamil Nadu and Puducherry, released a communication informing the decision taken by the Advocates Welfare Fund (BCI) Committee. According to the committee, it took action after several notices and warning were given to the lawyers, asking them to clear the dues to avoid such action.
The Supreme Court has made it clear that lawyers who do not subscribe to the fund cannot be permitted to practice before any court in the country. As per Rule 40, Chapter-II, Part VI of the Bar Council of India Rules, every person who enrols as an advocate is
mandated to subscribe for the Advocates Welfare Fund (BCI). The same must be renewed every three years. From 1993, the subscription was converted for a lifetime and was collected mandatorily during enrolment.
However, advocates enrolled before 1993 still continue to pay the subscription on a yearly basis. As the number of defaulting advocates in Tamil Nadu were found to be more than 7000, in November 2018 the bar council issued notices to all such lawyers and released the list of defaulting lawyers in the official website of the state bar council. Despite notices and warning, 5,970 advocates failed to make the pending payment of the subscription within the stipulated time, inviting suspension, a member of the committee said.
TIMES NEWS NETWORK
Chennai:26.03.2019
Advocate Sabarish Subramanian, one among the 5,970 lawyers from Tamil Nadu who were suspended by the Bar Council of India (BCI) for non-payment of subscription towards the advocates’ welfare fund, has approached the Supreme Court challenging the suspension.
He has challenged the suspension order on the ground that the lawyers were not served notice by the BCI before taking such adverse action. He wanted the court to quash the resolution dated March 22. Sabarish further contended that the suspension would affect the practice of advocates who have a standing of 25 years and above.
Similarly, a group of advocates led by G Mohana Krishnan, president of Madras High Court Advocates Association, made an urgent mention before the first bench headed by the Chief Justice of the Madras high court, V K Tahilramani. They wanted the court to grant an urgent hearing on the issue. To this, the bench asked the advocates to file a formal petition to consider their plea.
On March 23, C Raja Kumar, secretary to the Bar Council of Tamil Nadu and Puducherry, released a communication informing the decision taken by the Advocates Welfare Fund (BCI) Committee. According to the committee, it took action after several notices and warning were given to the lawyers, asking them to clear the dues to avoid such action.
The Supreme Court has made it clear that lawyers who do not subscribe to the fund cannot be permitted to practice before any court in the country. As per Rule 40, Chapter-II, Part VI of the Bar Council of India Rules, every person who enrols as an advocate is
mandated to subscribe for the Advocates Welfare Fund (BCI). The same must be renewed every three years. From 1993, the subscription was converted for a lifetime and was collected mandatorily during enrolment.
However, advocates enrolled before 1993 still continue to pay the subscription on a yearly basis. As the number of defaulting advocates in Tamil Nadu were found to be more than 7000, in November 2018 the bar council issued notices to all such lawyers and released the list of defaulting lawyers in the official website of the state bar council. Despite notices and warning, 5,970 advocates failed to make the pending payment of the subscription within the stipulated time, inviting suspension, a member of the committee said.
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