Kerala-HC-WP-Against-BC-Of-Kerala

Bar & Bench (www.barandbench.com)

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

( Special Original Jurisdiction )

W.P.(C) No. of 2018

PETITIONERS:

B. Sukesan, S/o. Bhaskara Panicker, Aged 65 Years Residing at Indira Sadanam, T.C.65/89, Kairali Garden, Thiruvallam P.O., Thiruvananthapuram, PIN- 695 027. Vs.

RESPONDENTS:

1. Union of India Represented by The Secretary Ministry of Law & Company Affairs Sasthri Bhavan New Delhi – 110 001

2. State of Kerala Represented by The Secretary Department of Law, Govt. of Kerala Secretariat, Thiruvananthapuram

3. The Bar Council of India Represented by its Secretary, New Delhi

4. The Bar Council of Kerala Represented by its Secretary, High Court Complex Ernakulam, Kochi – 682 031

5. The Special Committee of the Bar Council of Kerala Bar Council Building, High Court Complex Kochi – 682 031 Represented by its Chairman The Advocate General, High Court of Kerala

6. The Advocate General Ex-Officio Member of the Bar Council of Kerala Office of the Advocate General High Court of Kerala, Kochi – 682 031

7. Sri. Ajith T.S., Member, Bar Council of Kerala ‘Athulya’, Mammiyoor Guruvayoor P.O., Thrissur District.

8. Joseph John, Advocate, Member, Bar Council of Kerala Thodupuzha P.O., Idukki.

9. Ajithan Namboothiri C.S., Advocate, Member Bar Council of Kerala Sankaramana, Muttambalam P.O., Kottayam

10. Sreedharan Nair C., Advocate, Member, Bar Council of Kerala Neethi, Manjeri P.O., Malappuram – 676 121.

11. Namboothiri M.V.S., Advocate, Member, Bar Council of Kerala, Lisie Bar & Bench (www.barandbench.com)

Hospital Road, Ernakulam, Kochi – 18

12. Niyas P.M., Advocate, Member, Bar Council of Kerala Eranhipalama PO., Kozhikode – 673 006.

13. Ayyappan Pillai N.V., Advocate, Member, Bar Council of Kerala, Pada North, Karunagappally P.O., Kollam.

14. Rajasekharan Nair C., Advocate, Member, Bar Council of Kerala, Aiswarya, TC.4/971 (10), Kowdiar P.O., Thiruvananthapuram-695 003.

15. Anil Kumar K.N., Advocate, Member, Bar Council of Kerala, Kariyath House, Cherukunnam, Asamannoor P.O., Ernakulam – 683 549.

16. Vasudevan Nair B., Advocate, Member, Bar Council of Kerala, TC.XI/240, Panavila, Nalanchira P.O., Thiruvananthapuram.

17. Sabu C.T., Advocate, Member, Bar Council of Kerala, Chirammel House, Chalakkudy P.O., Thrissur – 680 307.

18. Chincy Gopakumar, Advocate, Member, Bar Council of Kerala, Ashirwad, Matha Manjooran Road, Ernakulam, Cochin-682 018.

19. Abdul Azeez Tharaparambil, Advocate, Member, Bar Council of Kerala, Mathai Manjooran Road, Ernakulam, Cochin-682 018.

20. Nagaresh N., Advocate, Member, Bar Council of Kerala, Anugraha Complex, Market Road North, Ernakulam, Cochin – 682 018.

21. Sharafudeen M., Advocate, Member, Bar Council of Kerala, Shad, Chettommoon P.O., Tellicherry, Kannur.

22. Raphy Raj N., Advocate, Member, Bar Council of Kerala, Campisseril, Rani Bhavan, Vallikunnam, Kaduvinal P.O., Alappuzha – 690 601.

23. Jayarajan K., Advocate, Member, Bar Council of Kerala, Tulip Arcade, Near Tagore Centenary Hall, Red Cross Road, Kozhikode – 32.

24. James Mathew, Advocate, Member, Bar Council of Kerala, Kallarackal Kadavil, Udayanapuram P.O., Vaikom, Kottayam – 686 143.

25. Geethakumari P.S., Advocate, Member, Bar Council of Kerala, Harigeetham, Sanathanam Ward, Alappuzha – 688 001.

26. Mathai Varkey Muthirenthy, Advocate, Member, Bar Council of Kerala, Rose Garden, Mariyakutty John Road, Cochin – 682 018. Bar & Bench (www.barandbench.com)

27. Santhosh Kumar P., Advocate, Member, Bar Council of Kerala, Kainthavilasam, Karukulam, Puthiyathur P.O., Thiruvananthapuram – 695 526.

28. Dr. Narayanan Nair N., Advocate, Member, Bar Council of Kerala, Law Academy Quarters, Perurkada, Thiruvananthapuram – 5.

29. Shanavaskhan E., Advocate, Member, Bar Council of Kerala, Vishnumadom, TD Nagar, Kollam.

30. Jayachandran K.P., Advocate, Member, Bar Council of Kerala, TC.9/1280, Dwaraka, Temple Road, Sasthamangalam P.O., Thiruvananthapuram – 695 010.

31. The Superintendent of Police, Central Bureau of Investigation, Kathrikkadavu, ,Ernakulam.

32. Comptroller and Auditor General, AG’ s Office, Thiruvananthapuram.

MEMORANDUM OF WRIT PETITION (CIVIL) FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

Address for service of all notices and processes to the petitioner may be served on his counsel J.S. AJITH KUMAR, Advocate, Ananthapuri, 7/553-L, Divine Nagar, Chittoor Road, Kochi-27 and all notices and processes to the respondents may be served on the addresses given above or on their counsels if engaged.

STATEMENT OF FACTS

1. This Writ Petition is preferred for the welfare and benefit of the lawyer community in the State of Kerala as well as for public interest. The petitioner is instrumental for ventilating the grievances of the public at large particularly the innumerable advocates practicing in the State of Kerala. Petitioner is an advocate practicing at District and Subordinate Courts at Thiruvananthapuram and duly enrolled before the Bar Council of Kerala with Enrollment Number K/37/2008.

The above Writ Petition is filed for interference of this Hon’ble Court for which larger interest of the public and for the legal profession. The Bar Council of

Kerala has been formed as per Section 3 of the Advocate Act, 1961. The Bar

Council of Kerala is empowered to enroll the Advocates in the State of Kerala and Bar & Bench (www.barandbench.com)

4 empowered to inquire into the allegations of misconduct and to safeguard the rights, privileges and interests of the advocates in the State of Kerala. The Bar

Council of Kerala Rules have been framed to promote the growth of various particular decisions and for the implementation of various welfare schemes, such as Kerala Advocates Welfare Fund, Bar Council of India Welfare Fund for the State of Kerala, Bar Council of Kerala Trust, Junior Lawyers Welfare Fund etc.

2. Petitioner submits that the respondents 7 to 30 have assumed charge as members from April 2011 and continuing till 2017. Huge amount of expenditure has been drawn by the respondents 7 to 30 from the Bar Council of Kerala after

2011 and from the Bar Council of India Welfare Fund for the State of Kerala. It is understood that the expenditure of council members prior to 2011 is less than 3 lakhs per year. But respondents 7 to 30 had drawn Rs.9,78,141/- during the year

2011, Rs.10,18,232/- during the year 2012, Rs. 20,63,295/- during the year 2013,

Rs. 25,26,109/- during the year 2014, Rs. 25,26,109/- during the year 2015, Rs.

32,23,617/- during the year 2016and Rs.56,81,660/- during the year 2017 and T.A. and D.A. head alone from the Bar Council of Kerala. As many of the council members are continuing in the Bar Council of Kerala since 1992. No one has ever found the council members such as Sri. Narayanan Nair, Rajasekharan Nair or

Santhosh Kumar were practiced in any courts during their life time in any courts elsewhere. Sri. Narayanan Nair is the Director, Secretary and Treasurer of Law

Academy Law College and paid employee there and Sri. Santhosh Kumar is conducting tuition for the law students at Thiruvananthapuram. Among respondents 7 to 30 most of them are not practicing lawyers.

3. Prior to the year 2011, the D.A. of the council members was Rs.500/- and first class train ticket alone was drawn by the council members as travelling expenditure. Without any mandate, the respondents 7 to 30 arbitrarily has increased the D.A. during 2011 to Rs. 2,000/- and Travelling Allowance was Bar & Bench (www.barandbench.com)

5 increased as Rs.10/- per Km. But the said amount is drawn by the respondents 7 to 30 not based on any bill or receipts or tickets from bus, train, taxi or flight.

The respondents 7 to 30 have created new techniques for drawing amount based on their self made vouchers. The Bar Council of Kerala is having a hall in the Bar

Council Building and in spite of conducting seminars, orientation course, the respondents 7 to 30 have spent huge amount from the various development schemes as pleasure trips to Tourist Centres in India under the Head of Bar

Council Meetings. The council members have conducted several programmes and their meetings at Kumarakam, Munnar, Nelliyampathi, Kovalam, etc., without any participation of the lawyers. Petitioners submit that the respondents 7 to 30 have spent huge amount for attending the formal functions of other State Bar

Councils, collectively but never had presented any articles elsewhere to the knowledge of the petitioners. For the collective visiting of respondents 7 to 30, no useful purpose has been served by the lawyer community other than themselves. Conducting of meeting of the Bar Council members is permitted only at the centre of the Bar Council of Kerala, particularly at Ernakulam under

Bar Council of Kerala Rules, 1979. But the respondents 7 to 30 arbitrarily conduct their meeting at hill stations/other tourist destinations in India without any bonafides.

4. Section 12 of the Advocate Act provides compulsory audit and submission of the audit report to the Government of India every year and to be published through the Government Gazette every year. The said

forgoing council has not taken any steps to complete the audit during their tenure or made available the audit report to the 1st respondent or published in the Gazette with ulterior motives. On enquiry it is understood that serious Bar & Bench (www.barandbench.com)

6 misappropriation is reported in the audit report 2008 – 2010 of Kerala Advocate

Welfare Fund Trust committee and the accountant, Mr. Chandran was suspended from service for misappropriatio0n of Rs. 1.36 Crores from trust funds of Bar Council of Kerala. Petitioners submit that the said accountant was suspended during August 2017 but now arrested in connection with holding of fake currency notes, by the Madurai Police. On enquiry, the 4th respondent has informed that the audit of accounts is completed upto 2014 to 2015 alone and the audit has not been completed from 2015 to 2017. The said act is a flagrant violation of Section 12 of Advocate Act. In such circumstances, disqualification of respondents 7 to 30 for contesting election which is mandatorily required to be prepared at least 31st December of each year. Information regarding the split up of benefits yielded by the respondents 7 to 30 has not been furnished to the petitioner as well as the other advocates by the council staff at the instance of respondents 7 to 30 with ulterior motives is evident from the communication dated December 2017. The Office of the Bar Council is reluctant to provide information as well as details of the expenditure incurred under various heads by its members and they are maintaining secrecy in the books of accounts is evident from the communication dated December 2017. A copy of the communication dated 19-12-2017 is marked as Exhibit P-1.

5. Petitioner submits that serious malpractices, financial misappropriation and irregularities have been committed by the office staff as well as the respondents 7 to 30 from the books of accounts. Counterfeit of currencies has been charged against the Accountant, Chandran and the Kerala Advocate

Welfare Fund Trust Committee has suspended the said accountant alone for the loss happened to the advocates. Copy of the proceedings of the Welfare Fund

Trust Committee dated 10-11-2017 is produced herewith and marked as Exhibit

P-2. Counterfeiting of the currency notes is likely being investigated by the

Madurai Police as well as National Investigation Agency at present. Exhibit P-2 Bar & Bench (www.barandbench.com)

7 evidencing the fact that, charges only has been issued against the accountant and nothing is implicated against the other administrative staff. It is not possible to manipulate, misappropriate and mis-utilise funds maintained by the

Bar Council of Kerala without the knowledge of the Secretary of the Bar Council of Kerala as well as respondents 7 to 30. It is understood that the said accountant has received numerous support from the other administrative staff as well as respondents 7 to 30 for their irregularities, malpractice and misappropriation in the book of accounts of Bar Council and other welfare schemes. The Administrative Officer named Mr. Sivaraman is known to be a real estate broker holding property at Kanthalloor and several of the Council members (present as well as past) have purchased properties at Munnar,

Kanthalloor, Vattavada, etc. through him.

6. Petitioner submits that the National University of Advanced Legal Studies hereafter called as NUALS was constituted by the Bar Council of Kerala in the year 2002 under the B.C.K. Trust and the Bar Council of Kerala have spent huge amounts for the said Institution. But the B.C.K. had surrendered the NUALS to the Government of Kerala and have lost the administrative control of NUALS. No compensation was also received from the Government of Kerala while surrendering the NUALS. Petitioners submit that at the instance of respondents 7 to 30, an extent

of 70 cents of property from KINFRA was licensed to the Bar Council Kerala for establishment of an institution for conducting refreshment courses to advocates,

At Kalamassery and has spent Rs. 2.5 Crores to the KINFRA and respondents 7 to 30 have taken steps to hand over the said property to a private trust without any benefit to any of the advocate community during October, 2016. Literally the Bar & Bench (www.barandbench.com)

Bar Council of Kerala as well as the Advocate community have lost the said 2.5 crores as well as the said property owned by the KINFRA. There is no purpose to waste the sum of Rs. 2.5 crores which being the contribution from the lawyers of the State of Kerala given only for the well-being of the lawyer fraternity in the

State of Kerala.

7. The petitioner submits that pursuant to the complaints of the advocates, the respondents 7 to 30 have cancelled escalation of their T.A. & D.A. vide resolution dated September, 2016 and subsequently cancelled the said resolution and withdrawn arrears of T.A. and D.A. with retrospective effect, equal to their escalated T.A. & D.A. On the guise of conducting of legal workshop, the respondents 7 to 30 have misappropriated huge amount from the various schemes of the Bar Council of Kerala. At the same time practicing lawyers have never gained any material benefits from the said campaigns organized by the respondents 7 to 30 at hill stations, tourist places at several locations in and outside Kerala other than respondents7 to 30 and their family members. The respondents 7 to 30 have sent their delegates to Simla, Jaipur, etc., for attending formal functions of other State Bar Councils and have claimed huge amounts as

T.A. & D.A. from the Bar Council of Kerala. Even after providing Air Conditioned rooms attached to the Bar Council building, the council members are staying at luxurious hotels at Kochi and the said rooms were not allotted to any lawyers at any point of time. It is understood that the respondents 7 to 30 are enjoying all the facilities of the guest house of the Bar Council building without any payment.

But, no amount is collected as rent from the said guest house rooms to the Bar

Council of Kerala during that tenure.

8. It is submitted that, by resolution dated 21-10-2017, the Calicut Bar

Association resolved and requested the Bar Council of Kerala to publish White

Paper regarding the Welfare Fund of B.C.K. based on the grave irregularities of the welfare fund. Based on the said resolution, the Law Secretary to the Bar & Bench (www.barandbench.com)

Government of Kerala directed the Secretary of the Bar Council of Kerala to take steps to publish White Paper regarding the irregularities of the Welfare Fund of the Bar Council of Kerala. A copy of the letter dated 13-12-2017 of the communication of the Law Secretary to the Secretary of the Bar Council of Kerala is produced herewith and marked as Exhibit P-3. The Welfare Fund Trust committee consists of the Law Secretary, Advocate General, Secretary of the

Bar Council of Kerala, nominee of Government and two members of the Bar

Council. Without their knowledge no amount can be misappropriated or misutilise simply by the accountant. If the audit is conducted systematically in every year as envisaged under Sec, 12 of Advocate Act, the grave misappropriation of the Welfare Fund can easily be detected in time. There is serious latches and negligence on the part of all the members of the Welfare

Fund Committee as well as respondents 7 to 30 resulted the misappropriation of the trust fund being the contribution of the lawyer fraternity of the State of Kerala.

The respondents 7 to 30 deliberately with dishonest motives delayed the auditing of the books of accounts of the various trust funds maintained by the Bar Council of Kerala and thus enjoyed the fruit of misappropriation.

9. The Special Committee consists of the learned Advocate General and 2

Bar Council members, viz., Sri. T. S. Ajith and Sri. Santhosh Kumar, who were assumed charge on 26-10-2016. Grave allegations of corruption, misappropriation and financial irregularities have made against the said T.S. Ajith, who is the representative of the Bar Council of Kerala to the Bar Council of India since 2000. The said council member is the member of the Bar Council of India empowered to give sanction of law colleges throughout India. Petitioner submits that during the tenure of the office of the respondents 7 to 30, permission was accorded for 19 law colleges in Kerala and grave allegation of corruption and irregularities has been leveled against the forgoing council members in the Bar & Bench (www.barandbench.com)

10 sanctioning of the said law colleges. Many of the new born colleges having no basic facilities provided under law. The 7th respondent is the member of the committee of the Bar Council of India responsible for the sanctioning of ineligible law colleges in the State of Kerala. It is gathered that pending the said allegations, the said two council members are again taken steps to contest in the election and after Exhibit P-3, the said two members have resigned from their membership from the Special Committee and nominated other two persons as their substitutes following the direction of Hon’ble Supreme Court. It is unfortunate that the said two persons are knowingly being accommodated by the learned Advocate General in the Special Committee for more than one year.

10. It is submitted that Crime No.144/2017 was registered by Chavakad

Police Station against the Special Committee member/Bar Council member, Sri.

T.S. Ajith for offence punishable under Section 354 IPC and it is undesirable to opt such a person having criminal backgrounds as member of the Special

Committee. It is submitted that several of the members among respondents 7 to

30 are having criminal

backgrounds and accused in criminal cases including the offence of moral turpitude. But, they are not disqualified from contesting in the election of the Bar

Council of Kerala due to lack of qualification and disqualification in the rules. It is submitted that deliberately the respondents 7 to 30 have refused to take steps for conducting the election including the verification of the voters/advocates, with sole purpose to cling on their membership even without allegation for more than one and a half years after their original tenure expires on 10-04-2016. The respondents 7 to 30 as well as the office staff ought to have taken earnest efforts to complete the election during their tenure prior to 4th October 2016. But, Bar & Bench (www.barandbench.com)

11 the respondents 7 to 30 have not taken any steps without any bonafides except enjoyment of the fruit of misappropriation of the funds contributed from the lawyers. Even during the extended tenure, ten among the respondents 7 to 30 have travelled over Jaipur for attending formal functions of Rajastan Bar

Council and organized functions at Kovalam not beneficial to the lawyer community. It is submitted that the respondents 7 to 30 have arranged functions and invited Judges of High Court of Kerala for encouraging their functions at destinations like Kovalam, Nelliyampathi, etc., after their tenure extended for conducting of the election only and continued their misappropriation and irregularities with ulterior motives.

11. It is submitted that during the month of November 2017 itself, a sum of

Rs.55,460/- has been collected by the 3 member Special Committee for their meeting at Ernakulam. An additional amount of Rs.4,059/- is collected by way of snacks and tea for the meeting of the Special Committee. The figures will show that one meeting of the said 3 persons as much as caused Rs.1,475/- for simple tea and snacks which is tough to understand and wholly understandable as even if the said tea and snacks are bought from a 7 star hotel. This shows that the

Special Committee appointed after the extended tenure have also misappropriated the funds of the lawyers without any bonafides and the Special

Committee is having no sense of responsibility to the lawyer community. It appears that the report prepared by the Secretary with a fabulous salary of Rs.

80,000/- is full of mistakes. It is tough to understand that after assumption of office by the Special Committee consists of 3members including the Advocate

General, huge amount of Rs.56,81,660/- has been withdrawn in the year 2017 itself. No minutes has been prepared by the Bar Council for the said amount.

The minutes recorded for each meeting shows that an amount of Rs. 4 lakhs has been given as Advocate Fees for a batch of Writ Appeals all are connected matters. On what basis such a huge amount is paid as lawyer fee for all Bar & Bench (www.barandbench.com)

12 connected matters is ununderstandable. At the same time no amount has been deducted as TDS for such payment or remitted to the Income Tax Department. It is also not clear how such amount has been sanctioned by the Special

Committee headed by the

Advocate General, who was appointed only for conducting the election and not to dance to the tune of the administrative as well as respondent 7 to 30 with the contribution of the advocates of the State of Kerala. Usually the Bar Council of

India is paying Rs. 7500/- per each case to their counsel appeared and paying Rs.

1250/- for the connected cases in the case of batch cases. While the Secretary is paid Rs.80,187/- per month, one Joint Secretary is paid Rs. 83,004/-. An

Accounts Officer is paid as much as more than Rs.95,000/- In all, the monthly salary bill of the regular administrative staff and temporary staff contains sum of Rs.6,36,477/- per month. A bare look at the income and expenditure for the month of November 2017 indicates the misappropriation of fund as

spent even by the Special Committee temporarily assumed charge only for the conduct of election. The salary of the Secretary of the Bar Council of Kerala prior to 2010 was only Rs. 30,000/- with basic pay of Rs. 12,600/-. But this special committee headed by the Advocate General arbitrarily has increased the salary of the Secretary of the Bar Council of Kerala equal to the Grade-I

Secretary (Chief Secretary of the Government of Kerala during October 2017 at the instance of respondents 7 to 30 as a reward for supporting the misappropriation of respondents 7 to 30.

12. An ad hoc/temporary committee was constituted during November 2016 and after the original extended tenure of the elected committee only for conducting the election and they are not supposed to assume the powers of the Bar & Bench (www.barandbench.com)

13 elected committee for policy matters, such as escalation of salary, promotion of employees and granting of pension/benefits. Former Chairman of the Bar

Council informed that after the expiry of the original tenure of the elected committee, the respondents 7 to 30 have disbursed Rs. 5 lakhs each to the administrative staff as interest free loan during their extended tenure without any authority and later the Special Committee have sanctioned minimum pension of

Rs.30,000/- even to a peon of the Bar Council of Kerala. Petitioners submit that one Mr. Sunil K. Joseph was appointed as Peon of the Bar Council of Kerala who was promoted later contrary to the Bar Council of Kerala Rules as well as Service

Rules and the Special Committee is not empowered to grant pension and to escalate salary of the employees. One Shyja is appointed as Stenographer cum receptionist in the Bar Council of Kerala during 2015 having no required qualification of stenography for appointment. Sunil K. Joseph is not having graduation required for the post of Clerk. One Sivaraman is promoted as

Additional/Assistant Secretary, he is having no eligibility to be appointed to the post of Additional/Assistant Secretary as per Rules. This shows that the Special

Committee is also doing the very same activity like the members of the previous committee as influenced by the respondents 7 to 30 for providing favours to the

Administrative Staff of the Bar Council of Kerala like the elected members. This shows the fact that respondents 7 to 30 became a group working for their aggrandizement and collection of benefits/ambitious people who are thinking that they are not answerable to anyone including the members of the lawyer fraternity those who have brought such situation in the Bar Council for further term to contest in the forthcoming election without any answer being provided to the voters will be anomalous. It is, therefore, submitted that while publishing the election schedule elements, the Special Committee shall be compelled to prescribe eligibility conditions for the contesting candidates and should provide necessary guidelines. This amounts to failure to perform their statutory duties shall not be permitted to contest the ensuing election. True copy of the Bar & Bench (www.barandbench.com)

14 proceedings of the Special Committee prepared on 11-12-2017 is produced herewith and marked as Exhibit P-4.

13. It is understood that the respondents 7 to 30 are again contesting in the forthcoming election being a target to the members of the fraternity in the State of Kerala. All the existing members are directly responsible and guilty of drawing excessive amount from the Bar Council of Kerala. It is understood that all of the members have collected more than lakhs of amount as T.A. & D.A. and other monitory benefits from the Bar Council of Kerala on the guise of conducting of meetings and seminars. It is not clear how such an amount is spent and if so, what useful purpose such an amount is spent for. Grave financial misappropriation and irregularities are is found in the functioning of the

Bar Council of Kerala as well as the various funds/schemes of the Bar Council of

Kerala. It is highly necessary to investigate all the matters in a transparent manner since it is directly affecting the lawyer fraternity community as a whole.

A detailed audit through the 32nd respondent and a comprehensive investigation through the 31st respondent under the supervision of the Hon’ble

Court is highly essential to remove the cloud and to ensure the functioning of the

Bar Council of Kerala in a transparent manner and such investigation including vigilance enquiry will only reveal the truth behind the misappropriation and misutilisation and irregularities of the various trust funds constituted and managed by the respondents 7 to 30.

14. It is submitted that the high level enquiry through the 31st respondent is essential in this matter since the Advocate General, Law Secretary, nominees of

Government as well as the respondents 7 to 30 are being members of the

Welfare Fund Committee and there is sheer latches and negligence on their part Bar & Bench (www.barandbench.com)

15 from preventing the mischief, misappropriation, misutilisation of the various trust funds maintained by the Bar Council of Kerala. Investigation of an outside agency like the 31st respondent can only be able to find the responsible culprit who has misappropriated the funds belongs to the Lawyer community contributed for the welfare of the lawyer community in the State of Kerala.

Investigation by an impartial body like the 31st respondent only can be disclose the liability caused by the existing members, if any, to the Bar Council including

T.A.& D.A. and other drawings caused to the Bar Council of Kerala from 2011 to

2017. In the event of audit, it is found that excess amounts have drawn by the members of the Bar Council as well as administrative staff, from the minutes and norms, the said excess amount ought to have realized from the existing members (respondents 7 to 30) as well as from the administrative staff. The respondents 7 to 30 have duty as well as responsibility for the preparation of audit report and make it available for publication in the Government Gazette in every year and such duty has not been complied with deliberately with ulterior motives. For the irregularities, impropriety, misappropriation and misutilisation of various trust funds and no complaints of statutory audit ought to have made respondents 7 to 30 as disqualified from contesting in the forthcoming election.

But, due to the absence of such a disqualification clause, the persons who have not only caused financial loss and misappropriation of trust funds are again contesting in the forthcoming election of the Bar Council of Kerala.

15. Since the Special Committee has granted promotion and monthly allowance/benefits to the administrative staff of Bar Council of Kerala including pension without having any authority, it is their responsibility otherwise to impose restrictions like disqualification in the forthcoming election of the Bar

Council of Kerala to those who have knowingly caused financial loss to the lawyer community and misappropriated the trust funds of the Bar Council of

Kerala. One Advocate, Sri. Muralidharan submitted representation to fix liability Bar & Bench (www.barandbench.com)

16 conditions of the candidates of the Bar Council of Kerala and provide disqualifications to the candidates, who caused financial loss to the advocate community in the State of Kerala and sought for enquiry regarding misappropriation of various funds maintained by the Bar Council of Kerala and taken steps to de-bar respondents 7 to 30 from contesting in the forthcoming election. A copy of the representation of the Advocate, Sri. P. Muralidharan submitted to the Chairman of the Special Committee of Bar Council of Kerala is produced herewith and marked as Exhibit P-5. In violation of the Bar

Council of Kerala Rules, an amount of Rs. 90 lakhs was deposited by the Bar

Council to a private bank (ICICI Bank) other than a Scheduled/Nationalized Bank with ulterior motives.

16. There is gross failure in preparing the audit report by the respondents 7 to

30 during the actual and extended tenure and continuously thereafter. The Bar

Council consists of the Advocate General as an Ex-officio member only for ensuring transparency in the functioning of the Bar Council of Kerala and not to subside the transparency or to cause financial liability to the lawyer fraternity.

Even during the functioning of the Chairman of the Special Committee no steps have been taken for the preparation of the audit report by the by the Chairman of the Special Committee. The petitioners as well as the lawyer fraternity in the

State of Kerala are expecting functioning of the Bar Council of Kerala in a more transparent manner. Being ex-officio chairman of the Bar Council of Kerala, the

Chairman of the Special Committee ought have taken expeditious steps to remove secrecy of the misappropriation of funds by the Bar Council of Kerala, free from all misappropriations, misutilisation and other improprieties. Being a constitutional body, the Chairman of the Special Committee and Bar Council of Bar & Bench (www.barandbench.com)

Kerala, the Advocate General ought have sought for vigilance inquiry for the grave misappropriation/misutilisation of the various trust funds duly maintained by the

Bar Council of Kerala particularly respondents 7 to 30 and ought not have allowed the real culprits to escape from the remedy provided under law. The

Advocate General, of the State of Kerala ought to have prevented all type of misappropriations/misutilisation of the trust funds constituted for the lawyer community in a more expeditious manner for the proper functioning of the Bar

Council of Kerala. In the absence of specific rules of qualification and disqualification of the candidates, the Special Committee ought have provided such qualifications and disqualifications in the election of the members to the

Bar Council of Kerala. Though disqualification is directed to be provided in

Section 3(4) of the Advocate Act, 1961, no such disqualification prescribed deliberately by the members of the Bar Council till date. Conditions are prescribed under Section 24 & 24(a) to enroll a person as a lawyer. But, not such conditions or any restriction is provided/imposed for becoming a member of the

Bar Council in the process of election. The petitioners submit that they are entitled to invoke the extraordinary jurisdiction of this Hon’ble Court to seek declaration that the respondents 7 to 30 wholly ineligible and disqualified to become elected members to the Bar Council of Kerala and to stand for elections in respect of series of misconduct and financial loss committed by them and other irregularities pointed in various reports which require thorough investigation under the supervision of the Hon’ble Court. Until such a clause is conducted, their name should not be considered for the candidature in the forthcoming election.

17. Grave irregularities in the preparation of voters list of the forthcoming of the Bar Council of Kerala. Even the name of the Advocate General was excluded from the preliminary voters list prepared by the Secretary of the Bar Council of

Kerala. It is strange that the name of designated senior lawyer named Sri. K. Bar & Bench (www.barandbench.com)

Ramakumar was excluded from the final voters list published by the Bar Council of Kerala. It is gathered that based on the complaint of Adv. V.D. Satheesan,

Member of the Legislative Assembly, a formal enquiry was conducted by the

Vigilance Department and found financial misappropriation and irregularity of more than 3 crores in the fund maintained by the Bar Council of Kerala. It is submitted that Hon’ble

Supreme Court never had directed to conduct election of the State Bar Council in violation of the election rules. The election notification has not published in the

News Paper or Official Gazette of the State as provided under the Bar Council of

Kerala Rules. Even though an enquiry is undergoing by the Vigilance Department of the State of Kerala, a fruitful investigation cannot be expected from the officers subordinate to the Law Secretary and the Advocate General of the

State. On 28-1-2017 the petitioner had submitted a complaint/representation to the 31st respondent to conduct a comprehensive investigation in respect to the misappropriation, financial irregularities, criminal breach of trust and corruption of the books of accounts by the administrative staff as well as members of the

Bar Council towards the lawyer fraternity in the State of Kerala. Copy of the complaint/representation dated 28-1-2018 filed by the petitioner before the 31st respondent is produced herewith and marked as Exhibit P6.

Under these circumstances petitioners are having no other alternative or efficacious remedies except to approach before this Hon’ble Court under Article

226 of the Constitution of India on the following among other:

G R O U N D S

A. Section 12 of Advocate Act provides compulsory audit of the accounts of the Bar Council of Kerala before 3rd of December every year and the said audit Bar & Bench (www.barandbench.com)

19 report is liable to be provided to the Government of India for publication of the report through Gazette. During the tenure of the respondents 7 to 30, audit was not held as provided under the Advocate Act. Neither the accounts of the various funds have been audited nor report was submitted to the Government of

India for publication of the audit report to the official gazette. The respondents 7 to 30 have deliberately violated the statutory requirements provided under

Section 12 of the Advocate Act 1961. Anyone violated/breach the statutory mandate of the Advocate Act is answerable in law and shall become disentitled to seek re-election as they are doing serious breach of principles of trust as well as the statutory provisions, which is not accepted to be violated but to be observed strictly under law. On enquiry, it is understood that auditing of the accounts of the Bar Council has not been completed during their tenure as well as extended tenure comprised from 2011 to 2017 and no audit report is not made available to the Government of India or not published through gazette, till date.

B. The respondents 7 to 30 are directly responsible for the violation of the duty casted under Section 12 of the Advocate Act. This amounts grave dereliction of duties particularly because lack of audit is adversely affected the interest of the Bar Council and lawyer community as a whole. Knowingly an accountant and staff of the Bar Council are directly responsible for the misappropriation/misutilisation of the various funds maintained by the Bar

Council of Kerala and instead of proceedings against all the administrative staff, even the Special Committee has not taken any effective steps to prosecute the culprits who have caused financial loss and misappropriation of the trust funds, till date. The accountant as well as the entire other staff ought to have proceeded against for the manipulation of accounts, irregularities and misappropriation of funds of various trust funds duly maintained by the Bar

Council of Kerala. The respondents 7 to 30 cannot be washed off their hands Bar & Bench (www.barandbench.com)

20 and avoid their responsibility for their failure in conducting the annual audit in time. Consequently, they have drawn huge sums by way of T.A. & D.A. and other pecuniary benefits with the help of the Administrative Staff and ensured corresponding benefits of the

administrative staff from the funds of the Bar Council of Kerala. The amount drawn during 2017 evident to Gravity of misappropriation of the trust funds.

Elected members of the Bar Council caused the responsibility in preparation of accounts, spending of money and performance of statutory duties entrusted to them under the various provisions of Advocate Act. None of such is performed except enjoyment of pleasure trips to various places in India staying in five star hotels at the expense of the Bar Council of Kerala. The respondents 7 to 30 are, therefore, thoroughly disqualified until at least they complete the compulsorily audit within their tenure in office.

C. There is continuous breach of Section 12 of the Advocate Act by the respondents 7 to 30 and for which they have to be penalized for their violations.

The respondents 7 to 30 ought have not permitted to contest in the forthcoming election due to their grave violation of duties caused under Section 12 of the

Advocate Act, 1961. In the absence of the statutory rules, an execution order can be made by the Special Committee before the commencement of the election procedure of the Bar Council of Kerala. The special committee ought have prescribed necessary qualifications/disqualifications to the candidates before the commencement of the process of election of the Bar Council of Kerala.

D. Cores of amount has been misappropriated and misutilised without any purpose by the respondents 7 to 30 collectively from the contribution of the

Advocate Community of the State of Kerala without beneficial to the lawyer Bar & Bench (www.barandbench.com)

21 fraternity in the head of TA, DA and other benefits. The respondents 7 to 30 has yielded the fruit of misappropriation of the trust fund and deliberately refused to audit the accounts in time, resulted the huge misappropriation of the various trust funds contributed by the Lawyer community in the State of Kerala. The respondents 7 to 30 has wasted an amount of Rs. 2.5 crores to the KINFRA for allotment of 69 cents of property and handed over the said property to the private trust. But no administrative or supervisory control is vested with the Bar Council of Kerala for the said property or the said 2.5 crores. The special committee has granted promotion to the administrative staff, who are having no prescribed qualification as provided under the Bar Council of Kerala Rules based on the undue influence of respondents 7 to 30. The special committee has arbitrarily increased the pay scale of the administrative staff as well as pension to the administrative staff as a reward to the administrative committee for their collusive support tendered to respondents 7 to 30 in their misappropriation and misutilisation of the Trust fund.

E. This is a serious state of affairs and interference by this Hon’ble Court in the exercise of the extraordinary jurisdiction as warranted. In the absence of specific provision for qualifications and disqualifications, it is appropriate to declare the improper, ineffective and inadequate provisions of qualification under

Section 3B of the Advocate Act, 1961 as unconstitutional, void and inoperative.

Since the original tenure and the extended tenure of the Bar Council of 7th respondent has already been expired, as has already resigned from the Special

Committee, he cannot be continued as member of the Bar Council of India or enjoy any status as member of the Bar Council of India after his resignation or enjoyed any facility from the Bar Council of Kerala, it is understood that 7th respondent is contesting in the forthcoming election and accused to non- bailable offence in the crime registered in Chavakkadu Police Station punishable under Section 354 of the Penal Code. The 7th respondent is enjoying the status Bar & Bench (www.barandbench.com)

22 of the Member of the Bar Council of Kerala who is dealing the trust fund viz., Bar

Council of India Welfare Fund for the State of Kerala even after, his resignation from the member of the Special Committee.

F. Grave financial irregularities and misappropriation is sustained in the operation of funds of the Bar Council of India for the State of Kerala. After resignation, the 7th respondent cannot be allowed to represent the Bar Council of

Kerala or looked after the affairs of the Bar Council of India Welfare Fund for the

State of Kerala. 7th respondent cannot interfere the process of election including disbursement of any amount from the Bar Council of India Welfare fund for the

State of Kerala. Since the 7th respondent is already resigned from the special committee, he cannot continue as a member of the Bar Council of India particularly after resignation of his membership from the Special Committee.

But, it is understood that the said 7th respondent appeared as a delegate of the

Bar Council even in the dispute between the Chief Justice of India and other 4 collegiums Judges issue proved his undue influence. It is understood that the 7th respondent is maintaining office at New Delhi as the representative of the Bar

Council of India and continuing appropriation of funds of the Bar Council of India

Welfare Fund for the State of Kerala even after resignation as member of the

Special Committee. There is no provision or procedure to send delegate by the

Special Committee to the Bar Council of India for any formal or informal functions particularly to the Judges of Supreme Court. Petitioners understood that the Hon’ble Supreme Court has given a direction that the members of the

Special Committee cannot contest election of the State Bar Council and for that reason the 7th respondent has resigned from the Special Committee during

December 2017. It is understood that the 7th respondent has spent huge amount from the Bar Council of Kerala as well as Bar Council of India Welfare Fund for the State of Bar & Bench (www.barandbench.com)

Kerala for travelling through airlines and staying in posh hotels at various destinations representing as member of the Bar Council of India. He cannot draw T.A., D.A. or any pecuniary benefits from the Bar Council of Kerala from

October 2016 and from the Bar Council of India as member of the Bar Council of

India since October 2016. Any amount is collected or appropriated as member of

Bar Council of Kerala and Bar Council of India amounts to misappropriation of funds, misutilisation and irregularities on any perspective. The 7th respondent ought not have claimed to be a member of Special Committee or member of Bar

Council of Kerala and Bar Council of India from the date of his resignation and ought not have enjoyed any monitory or pecuniary benefits after his resignation from the Special Committee. He cannot draw T.A. & D.A. from the Bar Council of

India. Whatever amount he has withdrawn is illegal, excess and liable to be refunded to the Bar Council. It is understood that no auditing is conducted to the

Bar Council of India Welfare Fund for the State of Kerala duly maintained and controlled by the 7th respondent from 2011 onwards. The role of Special

Committee is only to contest election and not empowered to fix staff pattern of the Bar Council or effect promotion/pension or increase in salary of the staff of

Bar Council. The Special Committee cannot cause financial liability of the Bar

Council of Kerala. The document produced by the petitioners show that more than 6 lakhs is spent as salary of administrative staff or the Bar Council for one month. Special Committee is having no authority to affect any change of the staff pattern or change the salary of the Staff of Bar Council and cannot grant pension to the administrative staff of their choice without exercise of any powers except conduct of election. Many of the administrative staff except the

Secretary was appointed without any notification provided in the Act and Rules and all Bar & Bench (www.barandbench.com)

24 the administrate staff are dependants of the respondents 7 to 30 and they were appointed not based on any statutory formalities with due qualification based on any interview or assessment of qualification. The stenographer in the Bar

Council is not having the necessary qualifications except as the personal staff one of the respondents (Perumbavoor Anilkumar), the stenographer has been appointed through backdoor and several staff are associates with the office of

Sri. N. Narayanan Nair. After illegal appointment almost of the administrative staff are regularized by the respondents 7 to 30 as a reward for their unethical service and the illegal entries. The administrative staff were promoted by the special committee and provided pecuniary advantages, including pension by the special committee out of the influence of respondents 7 to 30. Respondents 7 to

30 never had given any amount as interest free loan to anyone of the lawyers in the State of Kerala but has provided interest free loan to all the administrative staff of the Bar Council of Kerala. It is gathered that respondents 7 to 30 has collected gratification from the Dhanalakshmi Bank for ensuring fixed deposit and later entrusted their deposits to the Union Bank of India. It is gathered that respondents 7 to 30 have deposited funds of the Bar Council other than to the

Scheduled Bank without any authority during their tenure. The entire administrative staff are loyalist of the respondents 7 to 30 and continuing the fruit of misappropriations from the respondents 7 to 30. The Special Committee has been constituted upon the orders of the Honourable Supreme Court to conduct the election of the Bar Council of Kerala is empowered to evolve guidelines to provide qualifications and disqualifications. The special committee is duty bound to disqualify the respondents 7 to 30 for their continuous misappropriation, irregularity and loss sustained to the Bar Council of

Kerala as well as the legal fraternity. The special committee is bound to evolve appropriate norms for breach of statutory provisions and for not accounting fully the huge amounts drawn by them from the Bar Council to stand for election.

Unless this is done, the grave hardship and injury will be caused to the advocate Bar & Bench (www.barandbench.com)

25 community in the State of Kerala who are authorities to the Bar Council of Kerala.

The only remedy available to the petitioner is to approach this Honourable

Court for invoking extra ordinary jurisdiction in Article 226 of the Constitution of

India.

For these and other grounds to be urged at the time of hearing, petitioner most respect prayed that, this Honourable Court may be pleased to : i) to issue a writ of mandamus order or direction commanding the 31st

respondent (CBI) to conduct an exhaustive investigation under the

supervision of this Honourable Court into the grave financial malpractice,

irregularities, misutilisation, criminal breach of trust and criminal

misappropriation of various funds in the Bar Council of Kerala and other

offences committed by the Respondents 7 to 30 as well as the

Administrative Staff of the Bar Council of Kerala and Bar Council of India

Welfare Fund for the State of Kerala, and to register case against those

who are found responsible; ii) to issue a writ of mandamus order or direction commanding the 32nd

respondent to conduct an exhaustive audit of the books of accounts as

well as financial/economic transactions of the various funds maintained

by the Bar Council of Kerala, Kerala Advocate Welfare Fund and Bar

Council of India Welfare Fund for the State of Kerala pinpointing the

commission and omission of the various

persons involved/responsible in the transaction and submit a detailed

report before this Honourable Court within a time frame and taken steps

to recover all financial loss sustained to the petitioner and the other Bar & Bench (www.barandbench.com)

advocates in the State of Kerala from the responsible culprits iii) to issue such other equitable reliefs including cost and interim orders as

prayed for in the course of the proceedings including cost.

INTERIM RELIEF SOUGHT FOR

For the reasons stated in the Writ Petition, it is humbly prayed that this

Honourable Court may be pleased to restrain the 7th respondent from functioning as member of the Bar Council of India representing the Bar Council of Kerala and from maintaining/appropriating funds of Bar Council of India Welfare Fund for the State of Kerala forthwith, pending disposal of the above Writ Petition.

Dated this the 2nd day of February, 2018.

PETITIONER:

COUNSEL FOR PETITIONER:

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Bar & Bench (www.barandbench.com)

( Special Original Jurisdiction )

W.P.(C) No. of 2018

B. Sukesan :: Petitioner

Vs.

Union of India and others :: Respondents

A F F I D A V I T

I, B. Sukesan, S/o. Bhaskara Panicker, Aged 65 Years, Residing at Indira Sadanam, T.C.65/89, Kairali Garden, Thiruvallam P.O., Thiruvananthapuram, PIN- 695 027, do hereby solemnly affirm and state as follows:

1. I am the petitioner in the above Writ Petition and am conversant with the facts of the case.

2. I am seeking to espouse, that I have no personal or private interest in the matter, that there is no authoritative pronouncement by the Supreme Court or the High Court on the question raised and that the result of the litigation shall not lead to any undue gain to myself or to anyone associated with me.

3. For the reasons stated in the Writ Petition it is humbly prayed that this Honourable Court be pleased to grant the reliefs sought for in the Writ Petition as otherwise I will be put to irreparable loss and injury. Exhibits produced are true copies of the original documents.

4. I have not filed any Petition seeking similar and identical reliefs in respect of the same subject matter before this Honourable Court and the same was withdrawn.

All the facts stated above are true and correct.

Dated this the 2nd day of February, 2018.

Deponent:

Solemnly affirmed and signed before me by the deponent who is personally known to me on this the 2nd day of February, 2018 in my office at Ernakulam.

Advocate: Bar & Bench (www.barandbench.com)

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

( Special Original Jurisdiction )

W.P.(C) No. of 2018

B. Sukesan, :: Petitioner

Vs.

Union of India and others :: Respondents S Y N O P S I S

This Public Interest Writ Petition is filed for necessary direction for a comprehensive investigation and exhaustive auditing of the books of accounts of the Bar Council of Kerala and other funds maintained by the administrative staff/members of the Bar Council of Kerala for the grave misappropriation, misutilisation, financial irregularity, misfeasance, malfeasance, nonfeasance, criminal breach of trust and criminal misappropriation by the members of the Bar Council of Kerala and administrative staff of the Bar Council of Kerala under them affecting the lawyer fraternity in the State of Kerala. There is grave violation of the statutory duties by the members of the Bar Council provided under the Advocate Act and Bar Council of Kerala Rules. Transparency of the functioning of the Bar Council of Kerala ought have been maintained and it is highly necessary in the interest of public and public interest to audit the books of accounts and recover the amounts misappropriated/misutilised by the Council members and administrative staff back to the public fund entitled by the lawyer fraternity in the State of Kerala. A comprehensive investigation on the misappropriation of funds by the members of the Bar Council of Kerala/Administrative staff and for auditing of the books of accounts maintained by the Bar Council of Kerala, Bar Council of India Welfare Fund for the State of Kerala, Kerala Advocate Welfare Fund are absolutely necessary with the assistance of the Central Agency dehors the clutches of the State and its instrumentalities . Hence, the above Writ Petition.

Dated this the 2nd day of February, 2018.

COUNSEL FOR PETITIONER: Bar & Bench (www.barandbench.com)

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

W.P.(C) No. of 2018

B. Sukesan :: Petitioner

Vs.

Union of India and others :: Respondents Bar & Bench (www.barandbench.com)

I N D E X

Sl.No. Particulars Pages 1. Synopsis A 2. Writ Petition 1 - 27 3. Affidavit 28 4. Exhibit P1: Copy of the communication dated 19- 12-2017 from the Bar Council of Kerala to Sri. P. 29 - 31 Muraleedharan 5. Exhibit P2: Copy of the proceedings of the 32 - 39 Welfare Fund Trust Committee dated 10-11-2017 6. Exhibit P3: Copy of the letter dated 13-12-2017 of the communication of the Law Secretary to the 40 Secretary of the Bar Council of Kerala 7. Exhibit P4: Copy of the proceedings of the 41 - 52 Special Committee prepared on 11-12-2017 8. Exhibit.P5: Copy of the representation of the Advocate, Sri. P. Muralidharan submitted to the 53 - 56 Chairman of the Special Committee of Bar Council of Kerala 9. Exhibit.P6: Copy of the complaint/ representation dated 28-1-2018 filed by the 57 - 58 petitioner before the 31st respondent

Dated this the 2nd day of February, 2018.

COUNSEL FOR THE PETITIONER: Bar & Bench (www.barandbench.com)

Presented on: 02-02-2017

Sub: PIL – COMPREHENSIVE INVESTIGATON AND AUDITING OF THE ACCOUNTS/FUNDS MAINTAINED BY THE BAR COUNCIL OF KERALA AND ITS MEMBERS

…

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

( Special Original Jurisdiction )

W.P.(C) No. of 2018

B. Sukesan :: Petitioner

Vs.

Union of India and others :: Respondents

MEMORANDUM OF WRIT PETITION (CIVIL) FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

*****************************************************

J.S. AJITH KUMAR (A-159) COUNSEL FOR THE PETITIONER

****************************************************** Bar & Bench (www.barandbench.com)

APPENDIX

PETITIONERS’ EXHIBITS:

Exhibit P1: Copy of the communication dated 19-12-2017 from the Bar Council of Kerala to Sri. P. Muraleedharan

Exhibit P2: Copy of the proceedings of the Welfare Fund Trust Committee dated 10-11-2017

Exhibit P3: Copy of the letter dated 13-12-2017 of the communication of the Law Secretary to the Secretary of the Bar Council of Kerala

Exhibit P4: Copy of the proceedings of the Special Committee prepared on 11-12-2017

Exhibit.P5: Copy of the representation of the Advocate, Sri. P. Muralidharan submitted to the Chairman of the Special Committee of Bar Council of Kerala

Exhibit.P6: Copy of the complaint/ representation dated 28-1-2018 filed by the petitioner before the 31st respondent

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Bar & Bench (www.barandbench.com)

I.A. No. of 2018

W.P.(C) No. 3807 of 2018

B. Sukesan :: Petitioner/Petitioner

Vs.

Union of India and others :: Respondents/Respondents

A F F I D A V I T

1. I am the petitioner in the above Writ Petition and the petitioner in the accompanying I.A. I am conversant with the facts of the case.

2. The Writ Petition is filed for comprehensive enquiry and exhausting auditing of the books of accounts regarding misappropriation, misutilisation, corruption and mismanagement of the various funds belongs to advocates in the State of Kerala by the members of the Bar Council of Kerala. Petitioner submits that 19 law colleges were sanctioned by the Bar Council of India in the State of Kerala between 2011 and 2017. The 7th respondent is the member of the Committee empowered to sanction law colleges and it is gathered that grave corruption is involved against the sanctioning of law colleges in Kerala. As a matter of fact, most of the law colleges having less facilities as prescribed by the Bar Council of India as well as Universities/ Government.

3. It is submitted that grave corruption is mounted against the 7th respondent by the Bar Council of Karnataka as well. By resolution No.81/2017dated 14-5- 2017 the Bar Council of Karnataka unanimously resolved to lodge complaint against the 7th respondent and others regarding the corruption charges in the sanctioning of law colleges at Karnataka. Copy of the complaint dated 2-6-2017 by the Secretary Bar Council of Karnataka to the Chairman of Legal Education Committee, Bar Council of India, No.21, Rose Avenue, Institutional Area, New Delhi – 110 002 is produced herewith and marked as Addl.Exhibit P7. It is

-2- Bar & Bench (www.barandbench.com)

34 understood that the Bar Council of Karnataka has already complained to the Central Bureau of Investigation against the 7th respondent to conduct investigation for corruption charges evident from Addl. Ext.P7. Petitioner understood that the Central Bureau of Investigation conducting investigation against the 7th respondent and others at present. It s highly necessary to accept the additional Exhibit P7 as part and parcel of the above Writ Petition in the interest of justice. A separate petition is also filed herewith.

All the facts stated above are true and correct.

Dated this the 5th day of February, 2018.

Deponent:

Solemnly affirmed and signed before me by the deponent who is personally known to me on this the 5th day of February, 2018 in my office at Ernakulam.

Advocate: Bar & Bench (www.barandbench.com)

-7-

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

I.A. No. of 2018

W.P.(C) No. 3807 of 2018

PETITIONER/Petitioner:

B. Sukesan, S/o. Bhaskara Panicker, Aged 65 Years Residing at Indira Sadanam, T.C.65/89, Kairali Garden, Thiruvallam P.O., Thiruvananthapuram, PIN- 695 027. Vs.

RESPONDENTS/Respondnets: