A G Perarivalan
“Therefore, the statutory scheme balances the need to protect professional standards with the possibility of a convicted person’s reform, rehabilitation and eventual re-entry into society,” the govt said. Characterising the petitioner’s position as an attempt to create a new category of disqualification, the Centre said that such a category does not presently exist in Section 24A of the Advocates Act. “If Parliament considers a wider or permanent disqualification desirable for persons convicted of particular offences, the appropriate mechanism would be legislative amendment, rather than judicial alteration of the existing provision,” the govt said. Asserting that it has no role in the enrolment process, the govt said that the allegations concerning the factual or procedural validity of Perarivalan’s enrolment should be examined by the statutory authorities based on their records.
The submission was made by the legislative and legal affairs department while opposing the plea moved by Congress MP R Sudha challenging the enrolment of Rajiv Gandhi assassination convict A G Perarivalan as an advocate. The Parliament has consciously balanced two competing considerations, first: maintaining the dignity, integrity, and standards of the legal profession. Second: recognising that a person who has undergone the statutory consequences of conviction may eventually be rehabilitated and reintegrated into society, it added.