The Apex Court has upheld the decision of Bar Council of India’s (BCI’s) Decision of Cancellation of enrolment of advocate suppressing criminal Case against him during enrolment.
At the time when the petitioner, P. Mohansundaram submitted an application for enrolment as an Advocate, he suppressed the material fact of the pending criminal case against him. It was also found that he continued as a partner in the Chartered Accountant Firm.
The division bench of Justice M.R. Shah and Justice B.V. Nagarathna held that when the petitioner was removed by the Bar Council under provision to Section 26(1) of the Advocates Act and when the same is confirmed by the High Court it cannot be said that the High Court has committed any error.
The petitioner got enrolled as an Advocate and was removed by the Bar Council of India on a reference made by the Bar Council of Tamil Nadu & Puducherry. The Madras High Court through the impugned order upheld the order passed by the Bar Council of India.
The High Court noted that the petitioner himself admitted that he was a sleeping partner of a Chartered Accountant Firm at the time of enrolment. Moreover, a criminal case was pending against him for bigamy and that was not disclosed.
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