Bar & Bench (www.barandbench.com) 1 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) 2 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) 3 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.