Provision of Certificate of Practice For Lawyers is in Violation of Advocates Act- Allahabad HC Grants Time to File Reply..

Recently, Allahabad High Court Saught response from Bar Council of India and Uttar Pradesh Bar Council after hearing in a Public Interest Litigation filed challenging the Rules of COP (Certificate of Practice) for lawyers.

A bench of Chief Justice Rajesh Bindal and Justice JJ Munir ordered the matter to be listed for hearing on December 16, giving time to file reply in the matter.

This petition has been filed by Ratnesh Mishra through Advocate Ravinath Tiwari.

The petitioner contends that certain provisions of The Certificate and Place of Practice Rules-2015 are against the Advocates Act, 1961.

It has been said in the petition that the obligation of the COP is against the provisions of the Advocates Act, that is why it should be declared as an ultra virus.Counsel for the Petitioner Adv Ravinath Tiwari states that in view of Section 30 of Advocates Act 1961, the right to practice cannot be subjected restrictions such as COP.Further the enrolment certificate issued by the Bar Council while enrolling a person as an Advocate, no time limit is specified for which the certificate is valid, therefore no such restriction can be imposed by COP Rules.

Case Details:

PIL No 1882/2022

Ratnesh Mishra vs Union of India and Others

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