C.N.RAMACHANDRAN NAIR Vs. BAR COUNCIL OF KERALA

JUDGEMENT

(1.) This Writ Petition is filed by the petitioner, a former Judge of this Court, who has retired on 1.10.2012. The challenge is against Exhibit P3 communication issued by the Bar Council of Kerala. The further relief sought for is to declare that the petitioner is entitled to resume practice as a Senior Advocate before the Courts in India where he is entitled to practice by virtue of Art. 220(2) of the Constitution of India read with S. 30 of the Advocates Act, 1961 and that the petitioner is not required to get any permission from the respondent as a precondition for resuming practice as an Advocate before the Courts in India where he is entitled to practice by virtue of Art. 220(2) of the Constitution of India read with S. 30 of the Advocates Act, 1961. It is pointed out in the Writ Petition that the petitioner has been designated as a Senior Advocate of the Hon'ble Supreme Court as per Exhibit P2 dated 27.11.2012. Before that the petitioner had addressed Exhibit P1 communication to the respondent, intimating his intention to resume practice as an Advocate before the Hon'ble Supreme Court of India. The petitioner relies upon S. 30 of the Advocate's Act, 1961, which provides that every advocate whose name is entered in the State roll shall be entitled as of right to practice throughout the territories to which the Act extends. Reliance is placed on Art. 220(2) of the Constitution of India, which prohibits a retired Judge from practising in any Court within the State in which he was a High Court Judge. It is pointed out that it is in terms of the above provision that the petitioner informed about the intention to resume practice as an Advocate under the Supreme Court and various High Courts in the country, other than High Court of Kerala.

(2.) By Exhibit P3 intimation, the Secretary of the Bar Council of Kerala intimated the inability of the Enrolment Committee to allow the application for resumption of practice at this stage and the original enrolment certificate and cheque dated 3.10.2012 for Rs. 10,000/- have been returned.

(3.) After taking notice, the learned counsel appearing for the Bar Council has filed an affidavit of the Secretary of the Bar Council of Kerala.