Kerala High Court Slams Bar Council For Fabricating Records To Oust Secretary

‘Calculated, Fraudulent Attempt’: Kerala High Court Raps Former Bar Council Office-Bearers For Fabricating Records To Remove Secretary

The Kerala High Court has accused former office-bearers of the Bar Council of Kerala (BCK) of a 'calculated, fraudulent attempt' to remove its secretary, Simy S., by manipulating records and concocting documents.…

The Story in Brief

The Kerala High Court has accused former office-bearers of the Bar Council of Kerala (BCK) of a 'calculated, fraudulent attempt' to remove its secretary, Simy S., by manipulating records and concocting documents. Justice Ziyad Rahman A.A. observed that the then Chairman and Committees acted unlawfully to create the impression that Simy's resignation was accepted before she withdrew it.

Kerala High Court Slams Bar Council For Fabricating Records To Oust Secretary

The court ruled that under the Kerala Service Rules, a resignation can be withdrawn before acceptance, and the Chairman alone cannot accept it on behalf of the Council. It quashed the communications accepting the resignation and rejecting its withdrawal. Simy had resigned under alleged pressure and withdrew the next day, but was not allowed to rejoin. LiveLaw reports the judgment.

The Indian Opinion

The narrative that statutory bodies are above board takes another hit. Here, a lawyers' body meant to uphold ethics is accused of fabricating records against its own employee. The court's blunt language, 'calculated, fraudulent attempt', is rare and welcome. The key test will be whether the court pursues contempt or criminal action against the office-bearers. A fine on the Council would be too easy; individual accountability is the only check against such abuse of power.


Source: livelaw.in

This story was synthesised by AI from the source linked above.

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