SC on 'advocate' convict: Law a noble profession

NT Correspondent

New Delhi: Law is supposed to be a noble profession," the Supreme Court observed on Thursday, and voiced surprise over how can one of the convicts in the Bilkis Bano gang-rape case and murder of her family members during the 2002 Gujarat riots practise law after his conviction, the remission of his sentence notwithstanding.

The matter came to court's notice when advocate Rishi Malhotra, defending the remission granted to Radheshyam Shah, one of the 11 convicts who were released prematurely, told a bench of Justices BV Nagarathna and Ujjal Bhuyan that his client has served over 15 years of actual sentence and that the state government gave him the relief after taking note of his conduct.

"Today, almost a year has lapsed and there has not been a single case against me. I happen to be lawyer at a motor accident claims tribunal. I was a lawyer and I have again started practising," Malhotra submitted.

"Post-conviction, whether licence to practise can be given? Law is supposed to be a noble profession. Bar Council (of India) has to say whether a convict can practise law. You are a convict, there is no doubt about that. You are out of jail due to the remission granted to you. Conviction remains only the sentence is cut short," the court said.

"I am not sure about that," Shah's lawyer responded. Section 24A of the Advocates Act states a person convicted of an offence involving moral turpitude cannot be an advocate.