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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Another North Goa nightclub sealed; Kejriwal says corruption led to fire tragedy
Panaji (PTI): As part of a crackdown against tourist establishments violating laws and safety norms in the aftermath of the Arpora fire tragedy, Goa authorities on Saturday sealed a renowned club at Vagator and revoked the fire department NOC of another club.
Cafe CO2 Goa, located on a cliff overlooking the Arabian Sea at Vagator beach in North Goa, was sealed. The move came two days after Goya Club, also in Vagator, was shut down for alleged violations of rules.
Elsewhere, campaigning for local body polls, AAP leader Arvind Kejriwal said the fire incident at Birch by Romeo Lane nightclub at Arpora, which claimed 25 lives on December 6, happened because the BJP government in the state was corrupt.
An inspection of Cafe CO2 Goa by a state government-appointed team revealed that the establishment, with a seating capacity of 250, did not possess a no-objection certificate (NOC) of the Fire and Emergency Services Department. The club, which sits atop Ozrant Cliff, also did not have structural stability, the team found.
The Fire and Emergency Services on Saturday also revoked the NOC issued to Diaz Pool Club and Bar at Anjuna as the fire extinguishers installed in the establishment were found to be inadequate, said divisional fire officer Shripad Gawas.
A notice was issued to Nitin Wadhwa, the partner of the club, he said in the order.
Campaigning at Chimbel village near Panaji in support of his party's Zilla Panchayat election candidate, Aam Aadmi Party leader Kejriwal said the nightclub fire at Arpora happened because of the "corruption of the Pramod Sawant-led state government."
"Why this fire incident happened? I read in the newspapers that the nightclub had no occupancy certificate, no building licence, no excise licence, no construction licence or trade licence. The entire club was illegal but still it was going on," he said.
"How could it go on? Couldn't Pramod Sawant or anyone else see it? I was told that hafta (bribe) was being paid," the former Delhi chief minister said.
A person can not work without bribing officials in the coastal state, Kejriwal said, alleging that officers, MLAs and even ministers are accepting bribes.
