No Police verification required for enrolment as Advocate in Maharashtra and Goa [Read Bar Council Letter]

The State Bar Council of Maharashtra and Goa recently resolved to do away with the compulsory process of Police verification required at the time of enrolment as an advocate..Instead, the Bar Council of Maharashtra and Goa resolved that an affidavit describing the details of cases (if any) registered against the law graduate would be sufficient compliance of verification of the applicant’s criminal records..The resolution followed a General Body meeting held on September 15 to consider a representation made by the Akhil Bhartiya Vidyarthi Parishad (ABVP) to advocate Parijat Pande, a member of the State Bar Council. The representation had pointed out various difficulties arising due to the mandatory requirement of police verification..The ABVP representation had highlighted that applicants, who are fresh out of law college, suffer mental and financial strain while going through Police verification process. In view of the same, the the General Body unanimously resolved to remove the process of Police verification after due deliberation..This was intimated by a letter issued by the State Bar Council to the ABVP dated September 17, which states,.“It is resolved that considering the provisions of Section 24 of the Advocates Act, 1961 and also considering the rules passed by State Bar Council of Maharashtra and Goa, and also considering the law laid down in the case of V Sudheer vs State Bar Council of India and Ors giving complete competence and authority to state Bar Council under Section 6 of the Advocates Act, the compulsion of police verification before enrolment to the law graduates should not be bound by State Bar Council.”.With respect to the details to be submitted in lieu of police verification, the letter states,.“It is further resolved that in the interest of the people at large and also, in the interest of the legal profession and judiciary, an affidavit describing in detail the case number, crime number or any other details of the prosecution against the law graduates who is desirous to be enrolled as an advocate along with the relevant sections attracted thereon should be taken and the said affidavit should be sufficient compliance for verification of the criminal record of the law graduates, who desirous to enroll as advocate upon the state bar council.”.The State Bar Council also resolved to grant relief to applicants whose applications were rejected or kept pending for want of police verification..“It is further resolved that all previous applications kept pending/rejected/deferred for want of police verification be considered and should be assessed for their enrolment as per Rules and Norms.”.[Read Letter dated September 17, 2019]