Refusal To Restore Advocate’s Sanad Violates Right To Practise Profession: Karnataka High Court

The Karnataka High Court has held that refusal to restore an advocate’s registration amounts to an unconstitutional restriction on the fundamental right to practise a profession under Article 19(1)(g).

Justice Suraj Govindaraj allowed the plea of an advocate who had surrendered his sanad during the COVID-19 pandemic and later sought re-registration.

The Court ruled that statutory silence cannot be treated as a prohibition, especially when it leads to permanent exclusion from the legal profession.

The State Bar Council was directed to restore his registration, subject to refund of welfare benefits received.