Kerala - Kochi   

Priests, nuns can enrol as lawyers

Staff Reporter

High CourtRound-up

Kochi: A Division Bench of the Kerala High Court on Tuesday upheld the judgment of a single judge holding that nuns, priests and sanyasins could be enrolled as lawyers provided they do not engage in any full time profession like teaching or nursing.

The Bench comprising Chief Justice V.K. Bali and Justice J.B. Koshy upheld the judgment while dismissing an appeal filed by the Bar Council of Indian against the judgment.

The single judge made the ruling while allowing three writ petitions by two nuns, Tina Jose and M. Tessy and Thomas Pudussery, a priest, challenging the decision of the enrolment committee of the Bar Council of Kerala (BCK) not to enrol them as lawyers.

The single judge had observed that nuns and priests were members of the religious profession. But, the profession defined under Rule 2(b) of the Bar Council of Kerala Rules was a profession which was ``analogous to trade or business which generates income and not the profession of religion.''

The single judge had said that no one joined the priesthood or nunnery for taking up employment for the purpose of earning a living. The person who joined the profession of religion dedicated one's life to the service of god. Therefore, they were not engaged in any profession.

The court had pointed out that as per the rules of the Bar Council of India Rules a person already enrolled as a lawyer was not disqualified even if he joined the profession of religion. Thus the rules did not prevent them from joining the profession of religion.

Police criticised

Justice S. Siri Jagan deprecated the practice of the police in not mentioning in the seizure order the provisions under which a proceeding had been initiated when they seized vehicles.

The High Court made the observation while allowing a petition filed by a tipper lorry owner against the recent seizure of his vehicle.

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