Notice to Centre on legal practice

The Delhi High Court has issued a notice to the Centre on a petition filed by the Bar Council of India seeking restraint on permitting persons other than advocates, like chartered accountants and cost accountants, from "carrying out" the legal profession.

It has also sought restraint on persons other than advocates from appearing before the Income Tax Appellate Tribunal (ITAT) and the Appellate Tribunal Sales Tax (ATST).

A Division Bench comprising Chief Justice Markandey Katju and Justice Madan Lokur has issued notices to the Union of India, Government of NCT Delhi, the ITAT and ATST and has fixed November 21 as the next date for hearing.

The statutory body has sought directions to ITAT and ATST from prohibiting persons other than advocates enrolled under the Advocates Act 1961 to carry out full-fledged law practice.

The petition filed by Sanjeev Sachdeva under the Sales Tax and Income Tax Acts said chartered accountants and cost accountants were permitted to appear before various authorities only for limited purposes.

But, the respondents, by misinterpreting the said provisions, were allowing chartered accountants and cost accountants to act, plead, lead evidence and even argue cases before the quasi-judicial bodies, thereby, permitting them to carry out full-fledged legal practice, the petition said. It also stated that only advocates were specially-trained and qualified to practise law.

The Council claimed that it was responsible for maintaining high standards in the profession and was, therefore, constrained to file a petition.

"If the interim orders are not passed, then irreparable loss and damage will be caused to the litigants. It will be detrimental to the interests of the profession," it added.