"Why Shouldn't BCl Check?": Bombay High Court Refuses To Entertain PIL Challenging Circular On Criminal Background Checks For Law Students

The petitioner challenged the BCI's circular dated 24/09/2024, which prescribed checking of the criminal background of law students.

The petitioner argued that the circular violates the right to privacy under Article 21 of the Constitution. He also argued that it also violates the right to education and emphasized that even criminals have a right to education.

The petitioner further contended that the circular violates Article 14 of the Constitution as non-law students do not have to disclose such information.

During the hearing today, a division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre questioned why the criminal backgrounds of students should not be checked.

The CJ Aradhe noted that merely based on criminal antecedents, students are not made ineligible to pursue education. He orally remarked, “Having a criminal case does not have the effect of depriving you from studying your course, only requirement is you disclose…”

He further said “We would have understood your grievance if they would have said if you have criminal antecedents you will be deprived of education…”

Remarking that the petitioner was “foreclosing the right of aggrieved persons”, the Court orally remarked that it would impose heavy costs on the petitioner. The petitioner then sought the liberty to withdraw the petition.

The Court thus dismissed the petition as withdrawn.

Case title: Ashok S/O Ruprao Yende vs. Bar Council Of India (PIL(L)/38741/2024)

Citation: 2025 LiveLaw (Bom) 51

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