- (1.) INTRODUCTION : Constitutionality of Rule 11 of the Rules framed by the High Court of Kerala forbidding a lawyer from appearing, acting or pleading in any Court till he got himself purged of the Contempt by an order of the appropriate Court is in question in this writ petition. BACKGROUND FACT :
(2.) The Bar Council of India is a statutory body constituted under the Advocates Act, 1961 ("the Act"). In terms of Section 34(1) of the Act, the High Court of Kerala framed rules; Rule 11 whereof reads as under : "No advocate who has been found guilty of contempt of Court shall be permitted to appear, act or plead in any Court unless he has purged himself of the contempt."
(3.) Contending that the said provision is violative of Articles 14 and 19(1)(g) of the Constitution of India as also Section 34(1) of the Advocates Act on the ground that it seriously impinges upon and usurps the powers of adjudication and punishment conferred on the Bar Councils under the Act as also the principles of natural justice as application thereof is automatic, this writ petition has been filed by the petitioner.;