A lawyer has moved the Madras High Court seeking a direction to the Bar Council of India (BCI) to restrain A G Perarivalan, a convict in the former Prime Minister Rajiv Gandhi assassination case, from practising as an advocate. The petitioner, advocate Ravi Raja from Nungambakkam, contends that Perarivalan has not been acquitted by the Supreme Court and thus falls under the prohibition of the Advocates Act, 1961, which bars convicted persons from enrolment as lawyers.
Court Proceedings
Admitting the plea on Wednesday, a vacation bench comprising Justice S Sounder and Justice P B Balaji directed the BCI to file a response and adjourned the hearing until after the summer holidays. The court's order came after the petitioner argued that Perarivalan's conviction remains in effect, despite his release.
Background of Perarivalan
Perarivalan was convicted in the assassination case of former Prime Minister Rajiv Gandhi and served more than 30 years in prison as a life convict. The Supreme Court ordered his release, citing an inordinate delay by the Governor in deciding his mercy petition. On April 24, he enrolled as an advocate with the Bar Council of Tamil Nadu and Puducherry.
The petitioner contends that the Advocates Act prohibits persons convicted of serious offences such as murder and robbery from being enrolled as advocates. He argued that Perarivalan's conviction for murder disqualifies him from legal practice, as the law intends to maintain the integrity of the legal profession.
The case raises important questions about the interpretation of the Advocates Act and the status of convicts released on technical grounds. The BCI's response will determine the next steps in this legal challenge.
