Division Bench of this Court in K.Divya Vs. Bar
Council of Tamil Nadu and Pondicerry and another (W.P.(MD)No.12774
of 2018 dated 26.06.2018), came to the rescue of a law student whose enrollment as an Advocate was held up by the Bar Council for the reason
that a case was registered against the petitioner therein for the offences
under Section 153(A) and 505 (1)(b) IPC r/w Section 66 (F) of Information
Technology Act, 2000. Though the offence under Section 60(F) of Information Technology Act is punishable with imprisonment, which may
extend to imprisonment for life, the Division Bench of this Court by
considering the facts of that case and the nature of charges levelled, held
that such offence by no stretch of imagination can be said to be attracted in
the facts of the particular case and directed the Respondents to enrol the
petitioner as an Advocate. It is also necessary to refer to the decision of this
Court, in S.Manikandan Vs. Tamil Nadu Bar Council and others [W.P.No.
2309 of 2016, dated 21.10.2016], relied on by the learned counsel for the
petitioner and the relevant paragraphs are extracted hereunder :
“3.It appears that the petitioner made an application for
enrolment as an Advocate along with necessary documents on
30.03.2015. It appears that the police having apprehended a
student, was taken to the police station, where petitioner shown
to have went there to rescue the student to get him released, for
which, the police were not agreeable. In this regard, a
commotion took place. For having went there to the police
station with a group of people, FIR has been registered against
the petitioner and others, which is pending for more than one
year and no final report has been filed so far. There is no act of
attempt murder, neither a case of murder nor rape. Technically,
either of the respondent authorities are also not taking any
decision to enroll the petitioner, eventhough, the petitioner was
otherwise found eligible. Mere registration of FIR against any
person is not a proof of any offence being committed to disable
persons right.
4. In these circumstances, the writ petition is allowed,
directing the respondents/Bar Council to consider the case of
the petitioner for enrolment, after verification of the documents
available. No costs.”