PART III

Judicial Department

THE HIGH COURT OF KERALA

NOTIFICATION

No. D1-90619/2014.

16th February 2018.

In exercise of the powers conferred by Sections

16(2) and 34(1) of the Advocates Act, 1961 (Central Act

25 of 1961), the High Court of Kerala hereby makes the

following Rules regarding designation of an Advocate

as a Senior Advocate:

RULES

1(a).

These Rules shall be called “The High

Court of Kerala (Designation of Senior Advocates)

Rules, 2018.”

1(b). These Rules shall come into force at once.

2. The High Court may designate an Advocate as a

Senior Advocate, if in its opinion, by virtue of his/her

ability, standing at the Bar, or special knowledge or

experience in law, the said Advocate deserves conferment

of such distinction.

3. An Advocate may be considered for being

designated as a Senior Advocate:

(a)

On his/her name being proposed by the

Chief Justice or any other Judge of the High

Court of Kerala;

(b)

On his/her name being recommended by any

two designated Senior Advocates practising

in the High Court of Kerala;

(c)

On application made by the Advocate

concerned, endorsed by two desingated

Senior Advocates practising in the High

Court of Kerala.

4. An Advocate shall be considered for being

designated as a Senior Advocate only if he/she has

actually practised as an Advocate for not less than ten

years.

Gaz. No. 11/2018/DTP (Judicial).

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13th MARCH 2018]

JUDICIAL DEPARTMENT

312

5. The Advocate whose name is proposed/

recommended for being designated as a Senior Advocate/

who applies for being designated as a Senior Advocate,

should have been an income-tax assessee as on the date

of the application, for a minimum period of ten years.

6.(1)

Proposals for designation of an Advocate as a

Senior Advocate by a Judge of the High Court of Kerala

shall be addressed to the Chief Justice. Recommendations

by Senior Advocates and applications by Advocates shall

be addressed to the Registrar General and shall contain

the particulars set out in the proforma in Annexure A to

these rules, which shall be enclosed with the application.

(2)

The written consent of the Advocate

concerned shall accompany the proposal/recommendation

for designation as a Senior Advocate along with a

declaration by the Advocate concerned that no proposal/

recommendation/application to designate him/her as a

Senior Advocate has been rejected by the Supreme Court

of India or the High Court of Kerala and/or any other

High Court in India, within a period of two years

immediately preceding the date of the proposal/

recommendation/application. Such a declaration shall

accompany applications for designation as well.

(3)

If the proposal for designation of an

Advocate as a Senior Advocate is made under Clause (a)

of Rule 3 above, the particulars mentioned in Rule 6(1)

shall be obtained from the Advocate concerned, by the

Secretariat mentioned in Rule 7(2) of these Rules. In the

case of recommendations under clause (b) and

applications under clause (c) of Rule 3 above, the

particulars mentioned in Rule 6(1) shall be supplied by

the Advocate concerned.

(4)

Canvassing in any form shall disqualify the

Advocate concerned from being designated.

7.(1)

The proposal/recommendation/application for

designation as a Senior Advocate shall be processed by a

permanent committee of the High Court known as the

“Committee for Designation of Senior Advocates”

(hereinafter referred to as “the Committee” for short)

constituted in accordance with the judgment delivered by

the Hon’ble the Supreme Court of India in

Indira Jaisingh v. Supreme Court of India and others

(AIR 2017 SC 5017).

(2)

The Secretariat of the Registrar General of

the High Court shall be the Secretariat of

“The Committee” and the Registrar General of the High

Court shall, ex-officio, be the Secretary of “the

Committee”.

The Secretariat of “the Committee” shall as

soon as proposals/recommendations/applications for

designation are received, cause a summary of the

proposals/recommendations/applications for designation

to be published in the official website of the High Court

of Kerala and invite suggestions/views of the members of

the Bar and other stakeholders in the matter, within 30

days from the date of publication. The suggestions/views

shall be in writing, shall bear the name and full address

of the sender and shall be addressed to the Registrar

General of the High Court. Anonymous petitions/

representations will not be entertained.

All proposals/recommendations/applications for

designation as Senior Advocates shall be scrutinised by

the Secretariat of “the Committee”, which shall collect

relevant data and information with regard to the

reputation, conduct and integrity of the Advocate

concerned; verify the details regarding his/her

participation in pro bono work, if any; reported

judgements in which he/she has appeared; the number of

such judgements reported during the last five years and

other matters referred to in the particulars furnished in

terms of Rule 6(l) and prepare and submit a report

to “the Committee” regarding every proposal/

recommendation/application for designation.

10. The Secretariat of “the Committee” shall place

the

proposals/recommendations/applications

for

designation before “the Committee” after the expiry of

the period of 30 days from the date of publication of the

proposals/recommendations/applications for designation

in the official website of the High Court of Kerala.

11. The Committee will examine each proposal/

recommendation/application for designation as Senior

Advocate in the light of the materials on record including

the materials provided by the Secretariat, the suggestions/

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JUDICIAL DEPARTMENT

views of the members of the Bar and other stakeholders,

interview/interact with the Advocate concerned, make an

overall

assessment

and

place

the

proposals/

recommendations/applications for designation, before the

Full Court for consideration, along with its

recommendations.

12. A proposal/recommendation/application for

designation as a Senior Advocate shall be considered as

accepted by the Full Court if two-third of the Judges

present and voting, vote in favour of such proposal/

recommendation/application. Voting by secret ballot will

be resorted to only when it is unavoidable and in the

event of such secret ballot also, the proposal/

recommendation/application for designation as a Senior

Advocate shall be considered as accepted, if two-third of

the Judges present and voting, vote in favour of the

proposal/recommendation/application.

13. A proposal/recommendation/application for

designation which is not accepted by the Full Court will

be considered afresh only after the expiry of a period of

two years from the date on which the proposal/

recommendation/application was not accepted by the Full

Court and that too, only on receipt of a fresh proposal/

recommendation/application for designation.

14. (1) The designation of an Advocate as a Senior

Advocate shall be liable to be revoked, after due notice

to him/her, in the event of it being found by the Bar

Council of India/Bar Council of Kerala/Bar Council of

any other State that he/she has committed professional/

other misconduct or if the High Court is satisfied that

he/she has violated all or any of the provisions of the

Rules framed and issued by the High Court of Kerala

under sub-section (1) of Section 34 of the Advocates

Act, 1961. The designation shall also be liable to be

revoked after due notice to the Senior Advocate

concerned if he/she is guilty of any misconduct which,

in the opinion of the High Court, disentitles him/her to

continue to be worthy of the designation or if he/she is

convicted for an offence involving moral turpitude or for

contempt of Court. The proposal for revocation of

designation shall be considered as accepted by the Full

Court if two-third of the Judges present and voting, vote

in favour of such revocation.

(2) Nothing contained in these rules shall stand in

the way of an Advocate who has been designated by the

High Court of Kerala as a Senior Advocate, from

submitting an application to withdraw or recall his/her

designation as a Senior Advocate, in the event of such an

application addressed to the Registrar General being

submitted, the Registrar General shall place it before the

Chief Justice for appropriate orders thereon.

15. On the designation of an Advocate as a Senior

Advocate or on the revocation or withdrawal of such

designation, the Registrar General shall notify the said

fact to the Registrar General, Supreme Court of India,

the Bar Council of Kerala, the Bar Council of India, the

Bar Councils of other States in India and to all the

District and Sessions Judges subordinate to the High

Court of Kerala. The notification shall also be published

in the official website of the High Court and a copy

thereof communicated to the Judges of the High Court.

16. A record of all decisions relating to

designation/revocation/withdrawal of designation shall be

maintained in the Secretariat of the Committee.

17. On the date of coming into force of these

Rules, the Rules framed and issued by the High Court of

Kerala under Section 16(2) of the Advocates Act, 1961,

by Notification No. D2(J)-54532/97 dated 31-8-1999

and published in the Kerala Gazette No. 3 dated

18-1-2000, shall stand repealed.

18. All pending applications for designation shall be

returned to the applicants concerned for applying afresh

in accordance with these Rules. All pending proposals/

recommendations for designation shall also be likewise

returned.

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JUDICIAL DEPARTMENT

ANNEXURE A

PROFORMA

Name

Qualifications

Date of Birth

Permanent Address

Address to which communications are to be sent

Date of enrolment as Advocate and place of

enrolment

Number in the roll of Advocates maintained by

the State Bar Council

Are you a member of any Association of Lawyers?

If so, give details

Number of years of practice and in which Court?

10.

Have you specialised in any field of law?

If so, give details

11.

Have you been a chamber junior to any lawyer?

If so, furnish the name of such lawyer/lawyers

and the duration

12.

Is any junior Lawyer attached to your chamber?

If so, furnish the name(s) of such lawyer(s)

and the duration

13.

(i)

Since when have you been an assessee under

the Income Tax Act 1961?

(ii)

Permanent Account Number (PAN);

14.

Are you in the panel of lawyers or do you hold

office as State or Central Government Pleader?

Affix recent

passport size

photo

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JUDICIAL DEPARTMENT

15.

List of important cases in which you have

appeared as counsel

16.

Do you have to your credit any publication in any

Journal? If so, give details

17.

Have you attended or participated in any seminar/

conference relating to law?

18.

Have you been a faculty member of any

Law College or Law Department of any

University or Law University?

19.

Has the Bar Council of India/Bar Council of Kerala/

Bar Council of any other State found you guilty of

misconduct or is any such proceeding for

misconduct pending? If so, give details

20.

Have you been convicted for an offence involving

moral turpitude/is any such proceeding pending

against you? If so, give details

21.

Has any proposal/application for designating you as

a Senior Advocate been made to the High Court of

Kerala or any other Court before? If so, with

what result?

22.

Are you ordinarily practising within the territorial

limits of the jurisdiction of the High Court of Kerala?

23.

Other information/particulars, if any, including

legal aid work

(By order)

N. ANIL KUMAR,

Registrar General.

Explanatory Note

(This does not form part of the notification, but is intended to indicate its general purport.)

The Honourable Supreme Court in its judgment in W.P.(C) No. 454/2015 entitled Indira Jaisingh v. Supreme Court

of India and others (AIR 2017 SC 5017), laid down norms/guidelines for designation of an Advocate as a Senior

Advocate.

The High Court after considering the matter in detail decided to issue separate rules providing guidelines for

designation of an Advocate as a Senior Advocate.

This notification is intended to achieve the above object.

Gaz. No. 11/2018/DTP (Judicial).

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JUDICIAL DEPARTMENT

NOTIFICATIONS

(1)

No. B1(A)-64260/2017(1).

19th February 2018.

In exercise of the powers conferred by Section 9 (3)

of the Code of Criminal Procedure, 1973, the High

Court of Kerala hereby appoint the persons mentioned in

Column (2) of the Schedule hereto attached to be

Additional Sessions Judge to exercise jurisdiction in the

Court of Sessions mentioned against their names in

Column (3) thereof from the date of taking charge.

SCHEDULE

Sl.

Name of Officer

Court of Sessions

No.

(1)

(2)

(3)

Sri Hafees Mohammed

Thiruvananthapuram

Smt. Nirmala, T. K.

Thrissur

Smt. Jyothis Ben, P.

Kottayam

Sri Baiju, R. L.

Thalassery

Sri Mohandas, P. K.

Pala in Kottayam

Sri Prabhakaran, K. N.

Thiruvananthapuram

Sri Hari R. Chandran

Manjeri

(2)

No. B1(A)-64260/2017(2).

19th February 2018.

In exercise of the powers conferred by Section

12(1) of the Code of Criminal Procedure 1973, the High

Court of Kerala hereby appoint the Officers mentioned in

Column (2) of the following Schedule as the Chief

Judicial Magistrates in the District specified against their

names in Column (3) thereof from the date of taking

charge.

SCHEDULE

Sl.

Name of the Chief

Name of the

No.

Judicial Magistrate

District

(1)

(2)

(3)

Sri Madhusoodanan, C. K.

Alappuzha

Sri Mohit, C. S.

Kollam

Sri Madhusoonanan, T.

Kozhikode

Sri Rajan Thattil

Manjeri

Smt. Sujayamma, V. B.

Thrissur

Sri Kenneth George

Kasaragod

Sri Jose N. Cyril

Thodupuzha

Sri Ijas, A.

Kottayam

Smt. A. S. Mallika

Thiruvananthapuram

Smt. Lilly, K.

Palakkad

Smt. Bharati, S.

Ernakulam

Sri Vidhyadharan, V. S.

Thalassery

Sri Sajikumar, S.

Pathanamthitta

Sri Madhu, K. S.

Kalpetta

By order,

K. HARIPAL,

Kochi-682 031.

Registrar (Subordinate Judiciary).

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