CHENNAI: Rejecting the argument that a person who had once faced a death sentence or life imprisonment should remain permanently disqualified from becoming an advocate, the Union govt has submitted in Madras high court that disqualification under the Advocates Act ceases after two years from release, dismissal or removal of the person.The submission was made by the legislative and legal affairs department while opposing the plea moved by Congress MP R Sudha challenging the enrolment of Rajiv Gandhi assassination convict A G Perarivalan as an advocate. “Therefore, the statutory scheme balances the need to protect professional standards with the possibility of a convicted person’s reform, rehabilitation and eventual re-entry into society,” the govt said.The counter filed by the govt rejected the petitioner’s argument that a person who had once faced a death sentence or life imprisonment should remain permanently disqualified from becoming an advocate.Characterising the petitioner’s position as an attempt to create a new category of disqualification, the Centre said that such a category does not presently exist in Section 24A of the Advocates Act.It submitted that creating such a category through judicial interpretation would effectively amount to legislation by judicial interpretation. “If Parliament considers a wider or permanent disqualification desirable for persons convicted of particular offences, the appropriate mechanism would be legislative amendment, rather than judicial alteration of the existing provision,” the govt said.The Parliament has consciously balanced two competing considerations, first: maintaining the dignity, integrity, and standards of the legal profession. Second: recognising that a person who has undergone the statutory consequences of conviction may eventually be rehabilitated and reintegrated into society, it added.Asserting that it has no role in the enrolment process, the govt said that the allegations concerning the factual or procedural validity of Perarivalan’s enrolment should be examined by the statutory authorities based on their records.
