"Bar Council of India (BCI) "has no business to go into legal education": Supreme Court

In Bar Council of India vs. State of Kerala & Anr. (Diary No. 11532-2025 II-B), on March 21, 2025 Supreme Court's Division Bench of Justice Surya Kant and Justice Nongmeikapam Kotiswar Singh, upheld the Kerala High Court’s order saying Bar Council of India (BCI) "has no business to go into legal education. Your task is to control this huge… your hands must be full to look after all these things. Legal education should be left to the jurists, to the legal academicians and have mercy on the legal education of this country." 

Supreme Court's order reads:"Besides inordinate delay of 394 days, we are satisfied that the order passed by the High Court granting permission to Pattakka Suresh Babu, respondent No.2 (in SLP arising out of Criminal Misc. Application No.3/2023 in Criminal Appeal No. 740/2018) and V. Vinoyi, respondent No.2 (in SLP arising out of Criminal Misc. Application No. 2/2023 in Criminal Appeal No. 1099/2018) to join
LLB classes through online mode, in the peculiar facts and circumstances of this case, does not warrant any interference. The Special Leave Petitions are accordingly dismissed on the ground of delay as well as on merits. 3. However, question of law sought to be raised by the Bar Council of India is kept open."

The appeal against the 17-page long order dated November 3, 2023  passed by the Kerala High Court's Division Bench of Dr. A.K. Jayasankaran Nambiar and Dr. Kauser Edappagath was filed on March 1, 2025. The High Court's order was authored by Dr.Edappagath. The two life convicts in two different cases seek suspension of the execution of their sentence and to be released on bail for pursuing higher studies invoking section 389(1) of Code of Criminal Procedure (CrPC). Section 389(1) of the Code empowers the appellate court to suspend the execution of a sentence or order appealed against and, if the convicted person is in confinement, to release them on bail or on their own bond, pending the appeal, for reasons to be recorded in writing. 

Both the convicts were convicted and sentenced to life imprisonment for the offence, among other things, under section 302 of IPC. The former is serving the sentence in the Open Prison and Correctional Home, Cheemeni Kannur, while the latter is serving the sentence in the Central Prison, Kannur, for more than five years. Both of them appeared for the entrance examination for the LL. B Course conducted by the Kerala Law Entrance Commissioner for the academic year 2023-24 and came out successful. One of the applicants secured admission at KMCT Law College, Kuttippuram, Malappuram, for the three-year LL. B Course, while the other applicant secured admission at Sree Narayana Law College, Poothotta, Ernakulam, for the five-year LL.B. Course.

The High Court's order reads:"(i) The applicant in Crl.M.A.No.3/2023 in Crl.Appeal.No.740/2018 Sri. Pattakka Suresh Babu, who is now undergoing the sentence in the Open Prison and Correctional Home, Cheemeni Kannur, is permitted to attend the three-year LL. B Course at KMCT Law College, Kuttippuram, Malappuram commencing from the academic year 2023-24 through online mode.
(ii) The applicant in Crl.M.A.No.2/2023 in Crl.Appeal.No.1099/2018 Sri. V.Vinoyi, who is now
undergoing the sentence in the Central Prison, Kannur,Crl.M.A.No.3/2023 in Crl.Appeal No.740/2018
& Crl.M.A.No.2/2023 in Crl.Appeal No.1099/2018 permitted to attend the five-year LL. B Course at Sree
Narayana Law College, Poothotta, Ernakulam from the academic year 2023-24 through online mode.
(iii) The Jail Superintendent of both jails and the Principals of both colleges shall make necessary arrangement to enable the applicants to attend the classes online.
(iv) Whenever the physical presence of the applicants is insisted by the college/university for attending moot court, seminar, workshop, internship programme, examination or any other practical training, the Jail Superintendent is directed to release them on interim bail for the required period on executing a bond for `1,00,000/- (Rupees One lakh only) with two solvent sureties. The applicants shall file an application to that effect before the Jail Superintendent with supporting document from the college/university."

It concluded:"The Registry shall forward a copy of this order forthwith to the Jail Superintendents of Open Prison and Correctional Home,03-11-2023 /True Copy/ Assistant Registrar Cheemeni, Kannur and the Central Prison, Kannur as well as to the Principals of KMCT Law College, Kuttippuram, Malappuram
and Sree Narayana Law College, Poothotta, Ernakulam for compliance."

Justice Dr. Nambiar did his Masters in Law from the University of Oxford in the UK and has a Ph.D from O.P. Jindal Global University. Justice Dr.Edappagath did his Ph.D in Law from the Indian Law Institute, New Delhi. BCI is headed by a law graduate from Patna Law College, Patna University.