MPs, MLAs, MLCs can continue to practise as advocates: SC
New Delhi, Sep 25: The Supreme Court on Tuesday said that lawyers-turned-lawmakers, both in Parliament and the state legislatures cannot be barred from practising before the courts during their term as lawmakers.
"To sum up, we hold that the provisions of the Advocates Act of 1961 and the Bar Council of India Rules framed thereunder do not place any restrictions on the legislators to practise as advocates during the relevant period," said the bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud in their judgment.
The court said this while addressing a limited question whether legislators can be debarred from practising as advocates during the period when they continue to be the members of Parliament or a state Assembly/Council.
The top court judgment refusing to restrict lawmakers from practising as advocates before the courts has come as boost to senior lawyers Kapil Sibal, Abhishek Manu Singhvi, P. Chidambaram, K.T.S. Tulsi, Pinaki Misra, Meenakshi Lekhi and K. Parasaran, who are among the parliamentarians practising as advocates.
While rejecting the plea to bar the lawyer-cum-lawmakers from practising law before the courts, the top court also said that the conferment of power on the members of Parliament to move an impeachment motion against the judge(s) of the constitutional courts does not per se result in conflict of interest or a case of impacting constitutional morality or for that matter institutional integrity.
The court's verdict came on a plea filed by advocate and Bharatiya Janata Party (BJP) leader Ashwini Kumar Upadhyay, contending that MPs/MLAs practising as advocates pose a conflict of interest under the provisions of the Advocates Act, 1961, and the Bar Council of India Rules.
The plea had sought a ban on legislators practising as advocates for the period that they occupy such positions as lawmakers, contending that the dual role would also amount to professional misconduct when MPs and MLAs, who get salary and other benefits from public funds, appear against the government as lawyers.
The court said that merely because the advocate concerned is an elected people's representative, it does not follow that he/she has indulged in professional misconduct.
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BJP councillor dies by suicide after being threatened by youths following party's bypoll win
Agartala (PTI): A BJP councillor of Dharmanagar Municipal Council (DMC) in North Tripura died by suicide on Tuesday after he was allegedly threatened and humiliated by a group of youth following the saffron party's victory in the Dharmanagar bypoll, police said.
Rahul Kishore Roy, who was also the BJP's Yuva Morcha mandal president, took the extreme step a day after BJP candidate Jahar Chakraborti won the bypoll for the Dharmagar Assembly constituency by a massive margin.
Chief Minister Manik Saha expressed shock over the youth leader's death and assured an impartial inquiry into the allegations brought by the deceased’s wife, Ananya Bhattacharjee.
"I am shocked by the untimely death of Rahul Kishore Roy. May his soul rest in peace, and also offer my sympathy to the bereaved family. I also assured that an impartial inquiry will be conducted following the complaint of the deceased's wife", the CM wrote on Facebook.
Roy's wife has lodged a complaint with the local police station, holding seven persons responsible for her husband's death.
"Soon after the announcement of the results of the bypoll to the Dharmagnar Assembly bypoll, six to seven youths attacked our residence at Chandrapur at 3 pm and started hurling abuses at my husband. They also assaulted me to hand over my husband to them," she stated in the complaint.
Ananya said, "The same gang returned late at night again, attacked our house and hurled two or three bombs. They also threatened to eliminate my husband whenever he is found at Dharmanagar."
Deeply upset by the attacks and threats, my husband committed suicide by hanging from the ceiling early Tuesday morning. I urge the Officer in Charge (OC), Dharmanagar police station, to investigate against these people for justice, she said.
"Based on a specific complaint, we have registered a case, and an investigation is underway. No one has been arrested yet," SP, North Tripura, Avinash Kumar Rai said.
(Assistance for overcoming suicidal thoughts is available on the state’s health helpline 104, Tele-MANAS 14416.)
