Madras High Court
S.Logenthiran vs The Secretary on 6 March, 2023
Writ Petition No. 5301 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.03.2023
CORAM :
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
Writ Petition No. 5301 of 2023
and
WMP. No. 5339 of 2023
S.Logenthiran .. Petitioner
Versus
1. The Secretary,
Bar Council of Tamil Nadu & Puducherry,
High Court Campus, Chennai - 600 104.
2. The Enrolment Committee,
Bar Council of Tamil Nadu & Puducherry,
High Court Campus, Chennai - 600 104.
.. Respondents
This Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents to permit the
petitioner to enrol in the State Roll of Advocates with their office de hors the
judgment dated 06.07.2022 in S.T.C.No.1201 of 2022 on the file of the
Judicial Magistrate Court No.I, Tambaram which would not be covered under
Section 24A(1)(a) of the Advocates Act, 1961.
For Petitioner : Mr.C.Prabakaran
For Respondents : Mr.M.R.Jothimanian
https://www.mhc.tn.gov.in/judis
1/6
Writ Petition No. 5301 of 2023
ORDER
(Order of the Court was made by R. MAHADEVAN, J.)
The relief sought in this Writ Petition is to issue a writ of mandamus
directing the respondents to permit the petitioner to enrol in the State Roll of
Advocates with their office de hors the judgment dated 06.07.2022 passed by
the Judicial Magistrate Court No.I, Tambaram in S.T.C.No.1201 of 2022,
which would not be covered under Section 24A(1)(a) of the Advocates Act,
1961.
2. According to the petitioner, he has completed L.L.B(HONS)
degree and made on-line application seeking to enroll him as an Advocate,
before the Bar Council of Tamil Nadu and Puducherry, enclosing all the
relevant certificates and undertaking affidavits. However, his name was not
published in the list of candidates for enrolment and on enquiry, he came to
know that his application was withheld by the respondents, citing his
involvement in a criminal case in Crime No.358/2022, registered against him
for the offence punishable under section 75 of the Tamil Nadu City Police Act,
which ended in an order dated 06.07.2022 passed by the Judicial Magistrate
Court No.I, Tambaram in S.T.C.No.1201/2021. Therefore, the petitioner is
before this court with the present writ petition.
https://www.mhc.tn.gov.in/judis
Writ Petition No. 5301 of 2023
3. The learned counsel for the petitioner submitted that the petitioner
has not committed any offence and he has been implicated in the criminal case
in Cr.No.358 of 2022, registered for the offence under section 75 of the Tamil
Nadu City Police Act, for statistical purpose. Without realising the
consequence of the same, he inadvertently admitted the offence and paid a fine
of Rs.1000/- before the Judicial Magistrate and accordingly, an order dated
06.07.2022, came to be passed in STC No.1201 of 2021. As a result of the
same, his name was not included in the list for enrolment of an Advocate.
Adding further, the learned counsel submitted that the non-inclusion of the
petitioner's name in the enrolment list due to the conviction under section 75
of the Tamil Nadu City Police Act is unsustainable in law, as it does not
amount to moral turpitude within the ambit of section 24A(1)(a) of the
Advocates Act, 1961. It is also submitted that it is settled law that the
judgment of conviction for a petty case under section 75 of the Tamil Nadu
City Police Act, which provides for penalty for drunkenness or riotous or
indecent behaviour in public place, would not amount to an offence involving
moral turpitude. Therefore, withholding the enrolment of the petitioner by the
respondents is not legally sustainable. In support of the same, the learned
counsel placed reliance on a decision of the Hon'ble Supreme Court in Pawan
Kumar v State of Haryana and another [(1996) 4 SCC 17], wherein, it was
https://www.mhc.tn.gov.in/judis
Writ Petition No. 5301 of 2023
held that “Moral turpitude" is an expression, which is used in legal as also
societal parlance to describe conduct, which is inherently base, vile, depraved
or having any connection showing depravity. In that decision, the Government
of Haryana, while considering the question of rehabilitation of ex-convicts,
took a policy decision on 02.02.1973 that ex-convicts, who were convicted for
offences involving moral turpitude, should not however, be taken in
government service; and significantly, Section 294 IPC is not found enlisted in
the list of offences constituting moral turpitude and accordingly, held that the
conviction of the appellant under section 294 IPC on its own, would not
involve moral turpitude depriving him of the opportunity to serve the State,
unless the facts and circumstances, which led to the conviction, met the
requirements of the policy decision above quoted. Stating so, the learned
counsel prayed for appropriate direction to the respondent authorities to
consider the claim of the petitioner.
4. On the other hand, the learned counsel appearing for the
respondent authorities fairly submitted that the application of the petitioner
would be considered and appropriate orders be passed on merits by the
respondent authorities, within a time frame to be stipulated by this court.
https://www.mhc.tn.gov.in/judis
Writ Petition No. 5301 of 2023
5. In view of the above, without expressing any opinion on the claim
made by the petitioner, there shall be a direction to the respondents to consider
the claim of the petitioner seeking enrolment as an Advocate and pass
appropriate orders, on merits and in accordance with law, and also in the light
of the decision of the Hon'ble Supreme Court in Pawan Kumar v. State of
Haryana and another [(1996) 4 SCC 17], within a period of six weeks from
the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
[R.M.D., J.] [M.S.Q., J.]
06.03.2023
Index : Yes / No
Internet : Yes / No
av
To
1. The Secretary,
Bar Council of Tamil Nadu & Puducherry,
High Court Campus, Chennai - 600 104.
2. The Enrolment Committee,
Bar Council of Tamil Nadu & Puducherry,
High Court Campus, Chennai - 600 104.
https://www.mhc.tn.gov.in/judis
Writ Petition No. 5301 of 2023
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
av
Writ Petition No. 5301 of 2023
06.03.2023
https://www.mhc.tn.gov.in/judis
