Fissures in Kerala bar council out in open as tiff over financial fraud continues

The interim council had demanded a reinvestigation into the case

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As allegations of financial mismanagement in the Kerala Advocates Welfare Fund resurfaced, the Bar Council of India (BCI) appointed an interim council on May 21. The appointment came after the five-year, six-month tenure of the twelfth Bar Council of Kerala under Anil Kumar K.N. as the chairperson ended. While the normal tenure of the bar council is five years, it was extended for six more months as per Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015. 

The newly-appointed interim council consists of 10 members who were part of the 25-member board earlier. BCI had denied the request of the former council for an extension in the wake of allegations of financial irregularities involving Rs 9 crore, which was probed by the CBI. In 2023, the CBI had closed the case, convicting a clerk. 

The interim council had demanded a reinvestigation into the case, alleging foul play by former council members. 

Every five years, the state bar council members are elected by enrolled advocates. Considering the vast number of pending verifications of the newly enrolled lawyers, the Supreme Court granted 18 months to complete the enrolment. The apex court move comes in the backdrop of reports of multiple enrollments with forged documents and anomalies in admissions to law colleges.

Elections to the Kerala Bar Council can take place only after the completion of enrolments.

During a recent press conference, the current chairman of the interim council, T.S. Ajith and honorary secretary Rajkumar K.R., reacting to the writ petition filed by former council members who are also a part of the All India Lawyers Union, against reopening the case, said they fear the repercussions if a fresh probe is launched.

Ajith said the 10 new members have been chosen from across parties and four of them are members of left parties. He accused the petitioners, who are opposed to the probe, of maligning the image of the Bar Council of Kerala and asked them to back off. 

The writ questions the BCI’s authority to put in place an interim council without an election. 

Speaking to THE WEEK, Kumar, who is the convenor of the present ten-member council, said either there should be a fresh election or the former council should continue until the verification process is over.  

Kumar clarified that the council under him provided the CBI with all the documents required for the probe and said he believed that the CBI had conducted a thorough investigation.

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