A. Senthil v. Secretary, Bar Council of Tamil Nadu
2016-02-26
C.T.SELVAM, S.MANIKUMAR
body2016
DigiLaw.ai
ORDER : S. Manikumar, J. The petitioner, who has completed his B.L., Graduation in 2013 could not enroll, as an Advocate, on account of two criminal cases have been registered against him in Crime No. 163 of 2010 and Crime No. 23 of 2013 respectively on the file of the Inspector of Police, Veeravanallur Police Station, Tirunelveli District. 2. Material on record discloses that in Crime No.163 of 2010, on the file of Inspector of Police, Veeravanallur Police Station, Tirunelveli District, after investigation, charge sheet has been filed, which was taken on file C.C. No. 293 of 2010, on the file of learned District Munsif cum Judicial Magistrate, Cheranmahadevi. After trial, the case has ended in acquittal vide Judgment, dated 05.10.2015. The Crime No.23 of 2013 has been quashed by this Court in Crl. O.P. (MD) No. 22404 of 2014, dated 02.02.2015. 3. After the decision in the above said criminal cases, the petitioner had approached the Secretary, Bar Council of Tamil Nadu and Pondicherry, Chennai, with a request to consider the application, dated 18.10.2013. As there was no response, the petitioner has sought for a Writ of Mandamus, directing the respondent to accept the petitioner, as an Advocate, for enrollment of Bar Council of Tamil Nadu and Pondicherry, on the basis of the petitioner's application, dated 18.10.2013. 4. On this day, when the matter came up for admission, Mr. S.R.A. Ramachandran, learned counsel appearing for the petitioner submitted that application, dated 18.10.2013, has been rejected on the grounds that the writ petitioner was facing criminal cases. Rejection has not been questioned. The petitioner wants the said application to be considered. 5. Mr. M. Subash Babu, learned counsel appearing for the Bar Council of Tamil Nadu and Pondicherry, Chennai, brought to the notice of this Court that in similar circumstances, this Court in W.P. (MD) No. 5576 of 2015, dated 15.04.2015, has issued a Mandamus, directing the respondents to enrol the petitioner therein, as an Advocate, in the Bar Council of Tamil Nadu and Pondicherry, Chennai, in the forthcoming enrolment, subject to satisfying other requirements, under the Act and Rules made thereunder. Submission of learned counsel appearing for the Secretary, Bar Council of Tamil Nadu and Pondicherry, Chennai, is placed on record. The relevant portion of the order made in W.P. (MD) No. 5576 of 2015, dated 15.04.2015 reads as follows:- 4. Mr.
Submission of learned counsel appearing for the Secretary, Bar Council of Tamil Nadu and Pondicherry, Chennai, is placed on record. The relevant portion of the order made in W.P. (MD) No. 5576 of 2015, dated 15.04.2015 reads as follows:- 4. Mr. M. Subash Babu, learned counsel appearing for the respondents submitted that in similar circumstances, this Court in W.P. (MD) No. 33807 of 2014, dated 19.12.2014, has directed enrolment. The said order is perused, and his submission is also placed on record. 5. Perusal of the letter in C.No.S1/72146/2003, dated 25.01.2014 of the Superintendent of Police, Tirunelveli District, Tirunelveli, addressed to the Secretary, Bar Council of Tamil Nadu, High Court Campus, Chennai, shows that the petitioner's name has been mentioned as D. Muthukumar @ Dhanush M. Kumar. In the Judgment made in S.C. No. 191 of 2011, Dhanush Kumar has been arrayed as A2. Now that he has been acquitted, he is entitled for enrolment. In the light of the decision made in W.P. (MD) No. 33807 of 2014, dated 19.12.2014 and having regard to the fact that the petitioner has been acquitted in S.C. No. 191 of 2011, dated 13.02.2015, we are of the view that he is entitled for the relief sought for. 6. Accordingly, a Mandamus is issued, directing the respondents to enrol the petitioner, as an Advocate, in the Bar Council of Tamil Nadu and Pondicherry, in the forthcoming enrolment, subject to satisfying other requirements, under the Act and Rules made thereunder. No costs. 6. As the application of the petitioner, dated 18.10.2013, has already been rejected, we are not inclined to issue any direction on the basis of the said application. The petitioner is permitted to make a fresh application along with a copy of this order and a copy of the order passed by this Court in W.P.(MD)No.5576 of 2015, dated 15.04.2015. On receipt of the same, the respondent is directed to consider the said application and enrol the petitioner, as an Advocate, in the Bar Council of Tamil Nadu and Pondicherry, in the forthcoming enrollment, subject to satisfying other requirements, under the Act and Rules made thereunder. 7. Accordingly, the Writ Petition is disposed of. No costs.