KERALA HIGH COURT DECLINED TO GRANT RELIEF TO A WOMAN WHO ALLEGEDLY PRACTICED LAW FOR OVER TWO YEARS WITHOUT A LAW DEGREE

A single Judge Justice K Haripal of Kerala High Court declined to grant relief to a woman who allegedly practised law for over two years without a law degree in Alappuzha District. The court expressed its disbelief at the submission made by the counsel of the accused that the woman had no malafide intentions. "A person who is not qualified as a lawyer and you, being a lawyer, saying that there is no malafide intention".

The Court was hearing an Anticipatory bail application filed by the woman named Cessy Xavier, who made headlines in July.

She was selected as an office-bearer of the Alappuzha Bar Association. The Bar Association received a letter stating that Cessy has no law degree and that she is not even enrolled with the Kerala Bar Council. The Bar Association, after conducting an investigation, cancelled her membership. Further, an FIR was registered against the accused of the offences u/s 417, 419 and 420 of the Indian Penal Code.

She appeared before the Judicial Magistrate First class of Alappuzha to surrender. However, as soon as she learned about the presence of police in the court premises and learned that some of the charges against her are non-bailable, she fled. She moved before the High Court seeking Anticipatory bail and hence the present bail application.

Adv Roy Chacko, appearing for the accused, contended that due to financial issues, the accused was not able to complete her law degree and hence started working as an intern at a law office.

Advocate Pramod, A member of the Alappuzha Bar Association, apprised that he filed an application for impleadment. According to him, the accused worked closely with prominent members of the legal environment and therefore, several members of the association are quiet due to political pressure. Adv Chacko submitted that he shall file a counter affidavit in the next hearing. Chacko pressed for interim Anticipatory Bail and said custodial interrogation is unnecessary in the present matter. 

The Court refused to allow bail.

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Author: Papiha Ghoshal