Convicted in Pak,passed law in Canada,wants to practise in India

On July 5,1984,Indian Airlines flight IC 405,Pathankot to Lahore,was hijacked between Srinagar and what was then called Bombay. Saini and two others,Daleep and Harminder Singh,were sentenced to death by a lower court in Pakistan. On appeal,the Chief Minister of Punjab (Pakistan) commuted the sentence to life. On April 17,1998,the Pakistan President granted a pardon.

After his release,Saini travelled to Canada with an Afghan passport and under an assumed name,Balbir Singh,the official noting put up before the Bar Council’s full house. In Canada,the noting says,he procured a social insurance card number and driving licence; completed a BA course from York University (1999-2003); obtained a bachelor’s degree in law from Windsor University (2004-2007) and passed the Bar examination in 2008. A copy of the noting is with The Indian Express.

It is learnt that Saini was denied a lawyer’s licence by the Canadian Law Society. The Advocates Act,1961,states that any person convicted by a court of law cannot be permitted to be enrolled as an advocate. It is,however,silent over the question whether this applies to an individual convicted by a foreign court,too.

“The question is whether the criminal conviction awarded by a foreign country to an Indian citizen is covered under the Advocates Act,” said advocate Lekh Raj Sharma,member of the enrollment committee that has forwarded the issue.

As per the Advocates Act,criminal proceedings pending under any state Act is no bar for enrollment as an advocate. The denial is only in case of conviction involving “moral turpitude”. On January 27 last year,Saini had been “deported” to India and then detained by security agencies. He was booked on charges of possessing a “fake” driving licence and passport. A special court in New Delhi turned down a CBI plea for police remand and released Saini on bail.

The Bar Council will also look into Saini’s “conduct” and “authenticity” of his law degree.

Posers for Bar Council

*Whether a law degree from a Canadian university is recognised by the Bar Council of India

*Whether a criminal conviction dating back to 1984 is a bar to enrollment as a lawyer in Punjab and Haryana

*Whether rejection of an application for a lawyer’s licence by the Canadian Law Society is a bar to enrollment as a lawyer in Punjab and Haryana