Madras High Court Refers Bar on Enrolment of Law Graduates With Pending Criminal Cases to Larger Bench

The Madurai Bench of the Madras High Court held that the long-standing judicial direction barring enrolment of law graduates with pending criminal cases requires reconsideration and referred the issue to a Larger Bench.

The Court was hearing a writ petition by a retired Village Administrative Officer whose enrolment as an advocate was withheld due to two FIR-stage criminal cases.

The Division Bench observed that Section 24A of the Advocates Act, 1961, disqualifies only persons with criminal convictions, not those facing pending cases.

It questioned whether courts can impose additional disqualifications through judicial orders, reaffirmed the presumption of innocence, and held that earlier directions must be revisited in light of statutory law and later Supreme Court judgments.