BANGALORE: The Karnataka State Bar Council (KSBC) has issued notices to prominent politicians asking them to explain why they have not informed the KSBC about the public office they are holding.

KSBC Chairman Y.R. Sadashiva Reddy said notices had been issued to Maharashtra Governor and former Chief Minister S.M. Krishna, Leader of the Opposition in the Legislative Assembly and former Chief Minister N. Dharam Singh, Karnataka Pradesh Congress Committee president and former Home Minister M. Mallikarjun Kharge, Union Minister K.H. Muniyappa, former Chief Minister M. Veerappa Moily and Revenue Minister Jagadish Shettar.

Reason for notices

The notices, Mr. Reddy said, had been issued as it appeared to the KSBC that Mr. Krishna and others had not suspended their legal practice, and had not intimated to the KSBC the office they had held or were holding. They had not requested that their names be removed from the rolls of the council.

He said Section 7 of the Rules of Practice, Bar Council of India Rules, dealt with restriction on the employment of advocates.

According to the rules, an advocate who holds an office has to inform the council and request it to suspend his practice or remove his name from the rolls.

Verification

Mr. Reddy said that during verification, he found that Mr. Krishna and the others held various positions though their names were on the rolls of the KSBC. As per the rules, they should have intimated the council to enable it to suspend their practice.

Office of profit

He said a few of them were not holding an office of profit at present, and it had been pointed out to them that they had not intimated the council about the office of profit they once held.

Mr. Krishna enrolled as an advocate in 1955, Mr. Dharam Singh in 1968, Mr. Moily in 1968, Mr. Kharge in 1968, Mr. Shettar in 1980 and Mr. Muniyappa in 1987.

Rules

Referring to Bar Council of India rules, legal experts said: "An advocate shall not personally engage in business, but he may be a sleeping partner in a firm doing business, provided that, in the opinion of the appropriate Bar Council, the nature of business is not inconsistent with the dignity of the profession." ..

The rules state that an advocate could be chairman of a company with or without an ordinary sitting fee, provided none of duties is of an executive character.

Exemption

However, an advocate cannot be managing director or secretary of any company. He shall not be a full-time salaried employee of any person, government, firm, corporation or concern (so long as he continues to practice). This clause shall not apply to a law officer of the Union or State government or public corporation or body constituted by statute. This includes Ministers.

Reply expected

Mr. Reddy said the KSBC would wait for a reply to the notices before initiating action against Mr. Krishna and others. If no reply was received, the KSBC would take steps to remove their names from the rolls, he added.

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