Karnataka High Court
Bengaluru: The high court has directed Karnataka State Bar Council (KSBC) to evolve a mechanism to identify persons practising law illegally without the requisite qualification needed as per the rules of Bar Council of India to practise.
KSBC should also create a specific mechanism so that taking automatic action is possible against people whose provisional enrolment has expired and those who have indulged in such illegal practices, considering it is an offence against society at large, the judge added. Prasanna Kumar challenged the proceedings, arguing that the complainant had launched a malicious prosecution against him and that he was covered under Advocates Act and could not be proceeded against before a trial court. Justice HP Sandesh issued this direction while refusing to quash an investigation against M Prasanna Kumar, a resident of Bangarpet in Kolar district, against whom a cheating-cum-professional misconduct complaint was lodged by a local advocate. KSBC, having enrolled the advocate based on provisional enrolment in terms of the rule, should ensure an appropriate mechanism to prevent the illegal practice if they have not qualified in All India Bar Examination (AIBE). It should also maintain a digital record of provisional enrolment containing the date of enrolment and expiry period of two years.The council has to track advocates who have enrolled but are not qualified to continue their practice and to prepare the list of such advocates in order to curb the illegal practice, the judge specified in his order.