The Delhi High Court has stressed on framing of either a policy or mechanism for Chartered Accountants to disclose criminal cases or convictions against them on a periodic basis, so as to maintain the nobility of the profession.
The Single-Judge Bench of Pratibha M Singh passed the order on Friday on a plea filed by petitioner-in-person and Chartered Accountant Mohit Bansal, challenging the showcause notice issued to him under Section 8(v) of the Chartered Accountants Act, regarding his conviction for assaulting a woman in 2001.
The Bench observed that such a policy was necessary, and asked the Institute of Chartered Accountants of India (ICAI) to not stay in the dark about criminal proceedings against the members who were on its register.
Section 8(v) deals with offences involving ‘moral turpitude’ and stipulates that if a person is convicted under such an act, their name can be barred from being entered or borne in the register of the ICAI.
It was argued that though Bansal was first convicted of gangrape under Section 354 and 506-II of IPC, but in February 2010, the High Court had reduced it to assault.
However, this fact was kept hidden from ICAI for all these years and a showcause notice was only issued in June 2018, allowing him to practice for over a decade.
Upholding the showcause notice, Justice Singh held that there were certain professions and services, which required a very high standard of integrity and were considered ‘noble’, and being a CA fell in that category.
Justice Singh added that although a bare reading of sub-section 8(v) suggested that the Central government would have the power to remove the disability even in offence of ‘moral turpitude’, but in the opinion of the Court, such powers would be contrary to the statute as well as settled judicial precedents. The only way a person can continue on the register of ICAI would be, if they have been granted a pardon.
Senior Advocate Ramji Srinivasan, along with Advocates Pooja Saigal, Simrat S Pasay, Chaitanya Pandey, Farman Ali and Athar Raza Farooquei, appeared for the respondents.