When the Court came to know about a case wherein a lawyer had enrolled in 2011 and allegedly continued to practice for more than 10 years without clearing the AIBE. It passed the above order.

Karnataka High Court has directed the Karnataka State Bar Council to frame a mechanism to identify advocates who continue to illegally practice without qualifying the mandatory AIBE (All India Bar Exam).

Justice HP Sandesh has directed the State Bar Council to frame a mechanism within 45 days as per the direction given in the order dated Oct 17.

"It is not just enrolment the duty of Karnataka State Bar Council but they are also responsible to maintain a roll of the persons who are eligible and who are not eligible to practice law. Therefore, if any such person is found practicing law without qualifying AIB exam create a mechanism to identify such person and take prompt action."

The Court observed that when a law graduate enrolls as an advocate, it's a temporary registration and once the lawyer passes AIBE they become a permanent advocate. Since the lawyer has to qualify AIBE within 2 years, they have to frame a mechanism to find out whether an enrolled advocate has passed the AIBE or not.

"State Bar Council should have a digital data where they mention the date of enrolment and expiry of 2 years. State Bar Council should identify such advocates who have enrolled but have not passed to practice further and maintain the roll of suspended advocates to check the practice of law."

As per the order passed today by the Hon'ble Court, they need to frame a system to keep track of advocates who have not passed the AIBE within the stipulated time period. Once such system is framed and it identifies that a lawyer has not qualified AIBE within 2 years from the date of enrollment. Then they must intimate the State Bar Council to take further action.

"The State Bar Council shall take immediate action to take necessary steps against such persons who failed to qualify to practice as advocates. As this is a crime against the public", said the court.

They have also asked the State Bar Council to frame a mechanism to identify such persons who have not cleared AIBE after they enrol themselves as advocate. But instead they must maintain an integrated roll. And should verify that the advocate has passed the exam or not by using the mechanism.

"It is further directed to maintain an integrated roll of enrolment. They should verify the results by framing a mechanism to find out whether the enrolled advocate has passed AIB exam with the help of Bar Council of India".

The court also directed them to regularly take up these issues and take remedial measures. They also mentioned that if any such lawyer is identified, they should be given an opportunity to prove their innocence.

This order was passed when the court came to know that one lawyer has enrolled as advocate in year 2011 and was practicing for around 11 years. When he didn't appear for the AIB.

A complaintant from Bangarpet has filed a criminal complaint against the advocate saying that he cheated them as he was practicing law without clearing AIBE exam.

A Criminal case was initiated and was investigated. After which the accused filed a petition in the court to quash the matter.

He has denied the charges levelled against him and stated that it was a case of malicious prosecution. He submitted that as he thought his enrolment was unconditional which is why he started to practice and later appeared for the AIBE and has passed in the year 2021.

The Court dismissed his submissions including that a criminal case cannot be initiated in such matter and it would be left to the KSBC Disciplinary authority to look into it.

"If there exists a discipline committee, then that does not strip the powers of a Criminal court to look into a criminal offence."

Hence allowed the police to investigate the matter.

The Court felt that it is very unfortunate that a lawyer was practicing for such a long time without qualifying AIBE. Thus directed them to identify such advocate's as early as possible and take action.