The first bench comprising Chief Justice Indira Banerjee and Justice M Sundar while passing interim orders on a writ petition filed by an advocate VS Nagaraj seeking to quash the resolution passed by BTCP on November 11said “Any Action taken by BCTP is subject to the result of the writ petition. We request BCTP not to take any action without the leave of the Court.”
The bench also held that the Bar Councils can go ahead with the process of issuing show cause notices to the said advocates and obtain their responses within three weeks. “But let them practice subject to the outcome of the writ petition,” the bench held.
The petitioner had contended that the order of Justice N Kirubakaran with regards to the directions issued to Bar Council is a Public Interest matter and a single Judge hearing the matter is un fair, unreasonable and ultra-virus to Advocates Act-1961 and Article 142 of the Constitution of India.
BCTP on citing Rule 5 of the Legal Education Rules, 2008, framed by the Bar Council of India prescribing the minimum qualification required to be eligible to apply for admission to a law course had prohibited the 742 lawyers from practice as they had obtained basic degree through open university.