Lawyers Should Have Compulsory Training Program Like Judges : Supreme Court

The Supreme Court on Friday (February 9), while hearing a bail application, remarked that lawyers should undergo a compulsory training programme. The Court made this remark after noticing certain lapses on the part of the lawyer in handling the bail application before the trial court.

The Bench comprising Justices Bela M. Trivedi and Pankaj Mithal, orally observed that the Bar Council of India must take some steps to impart compulsory training on lawyers like that of Judges, who are trained in the National Judicial Academy.

The bench was hearing the bail plea of Souvik Bhattacharya, son of TMC MLA Manik Bhattacharya.

The gist of the dispute is that the court has taken cognizance against Souvik for the offences under the Prevention of Money Laundering Act related to the Teachers' Recruitment Scam in West Bengal. Despite there being no summon order issued by the court, he surrendered before the court and the trial court declined to grant bail. The High Court has also rejected the bail application.

It is against the impugned order of the High Court, that instant Special Leave Petition (Crl.) seeking bail was preferred by Souvik.

Senior Counsel Mr. Siddharth Luthra appearing on behalf of Souvik contended that he can't be remanded to custody in the absence of the summoning order.

According to Luthra while referring to the trial court's order taking cognizance of the offence, stressed the point that although cognizance of the offence has been taken, there's no order to summon Souvik.

Luthra further submitted that the accused cannot be summoned in the absence of the summoning order by the court.

“When no summon is issued, then there should be no remand or arrest.”, argued Luthra.

Luthra accepted the mistake committed by the lawyer who had filed a bail application on behalf of Souvik before the trial court.

“Foolishly we went to the trial court seeking bail.”, Luthra stated.

At this juncture, Justice Bela Trivedi said, “Why don't you have a law academy for lawyers? We have for Judges. No action is being taken against the lawyer, at least they should be educated. Do something.”

“There should be compulsory training courses for the lawyers, whether junior or senior. If Supreme Court Judge Can go to the NJA, then why not the lawyers?” Justice Trivedi added.

Agreeing with the suggestions made by Trivedi J. Luthra said even there's a training course for prosecutors.

“Not only prosecutors, every lawyer. Unless there's a certificate from a recognized law academy, they shouldn't be permitted to practice. There's a practice in foreign countries where every 5 or 10 years you have to renew the certificate. They have to pass the examination for grant of license to practice.” remarked Justice Trivedi.

In response to the submission made by Luthra, Additional Solicitor General (ASG) S.V. Raju contended that the petitioner is in custody as he has surrendered voluntarily.

“But Mr. Raju where is the summoning order? The court has to apply its mind whether the cognizance should be taken or the summon is required or warrant is required.” Asked Justice Trivedi while questioning ASG.

“No Summons, No Cognizance taken, the court has specifically stated summon will be issued on later stage, and that state has never come. They have surrendered on their own.” Justice Trivedi further remarked.

After repeated submissions made by ASG that Souvik had surrendered in compliance with the summons issued to him, Justice Trivedi disagreed by noting that “Summons were issued but without the order of the court. There has to be some order.”

Although, the court was inclined to release Souvik on bail but granted a week time to ASG to verify the order of the trial court.

Case Details:

SOUVIK BHATTACHARYA vs. ENFORCEMENT DIRECTORATE KOLKATA ZONAL OFFICE II

Diary No.- 45620 - 2023