The Bombay High Court on Monday dismissed a Public Interest Litigation (PIL) challenging the legality of a circular issued by the Bar Council of India (BCI) that mandates law students to declare their criminal antecedents. The division bench, led by Chief Justice Alok Aradhe and Justice Bharati Dangre, found nothing illegal in the circular and emphasized the importance of such measures in maintaining the integrity of the legal profession.
The circular in question, issued in September 2024, not only requires law students to disclose any criminal background but also implements several other measures including attendance compliance, biometric attendance, and the installation of CCTV cameras in legal educational institutions. The petitioner, Ashok Yende, argued that these requirements were discriminatory against law students as similar declarations were not demanded from students in other fields, claiming this violated the fundamental right to equality.
However, the court noted that the petitioner was not an aggrieved student himself and questioned the basis of his challenge. “Why should the Bar Council of India not check the criminal antecedents of a student? What is illegal about it? What law is violated? According to us, there is nothing illegal in the circular,” stated Chief Justice Aradhe during the proceedings.
Furthermore, the court clarified that the BCI’s circular only sought declarations from students regarding any criminal antecedents and did not state that their admission would be cancelled should any be found. The BCI argued that such measures are crucial to ensure that the ethical standards of the legal profession are upheld, and students enter the field with a clear record.
The court also warned the petitioner of the possibility of imposing costs for what it considered a waste of judicial resources. Following this, the petitioner requested to withdraw his petition, which the court allowed.
Under the terms of the BCI circular, all law students must now declare any ongoing FIRs, criminal cases, convictions, or acquittals before they receive their final mark sheets and degrees. The BCI warned that failure to disclose such information could lead to strict disciplinary actions, including the withholding of final academic credentials.
