Centre Tells Madras HC No Legal Bar on Perarivalan Enrolling as Advocate

The Union government has informed the Madras High Court that there is no legal bar preventing Rajiv Gandhi assassination convict A G Perarivalan from enrolling as an advocate, rejecting arguments that individuals who previously faced a death sentence or life imprisonment should face permanent disqualification.

The submission was presented by the legislative and legal affairs department in response to a petition moved by Congress MP R Sudha, who had challenged Perarivalan's enrolment into the legal profession.

Opposing the plea, the Centre clarified that under the provisions of the Advocates Act, disqualification ceases after two years from the date of a person's release, dismissal, or removal. The government noted that the statutory scheme is designed to balance the need to protect professional standards with the possibility of a convicted person's reform, rehabilitation, and eventual re-entry into society.

In its counter-affidavit, the government rejected the petitioner's stance that a person who had received capital punishment or a life term should be permanently barred from becoming an advocate.

The Centre characterised the petitioner's argument as an attempt to create an entirely new category of disqualification, pointing out that no such category presently exists under Section 24A of the Advocates Act. It submitted to the court that establishing such a disqualification through judicial interpretation would effectively amount to legislation by the judiciary.