Union Government supports A.G. Perarivalan’s enrolment as an advocate

The Union Government has informed the Madras High Court that there is no legal barrier preventing A.G. Perarivalan, a convict in the Rajiv Gandhi assassination case, from practicing as an advocate.

In a counter-affidavit filed in response to a petition by Congress MP R. Sudha, the government stated that under Section 24A of the Advocates Act, any disqualification for a convicted person expires two years after their release from prison. The government argued that the current statutory scheme is designed to balance the integrity of the legal profession with the possibility of a person’s “reform, rehabilitation and eventual re-entry into society”.

MP Sudha had challenged Perarivalan’s enrolment, arguing that individuals sentenced to death or life imprisonment should be permanently disqualified from the bar. The government rejected this, stating that creating such a category through judicial interpretation would constitute legislation by the judiciary. The government maintained that any such permanent disqualification would require a legislative amendment by Parliament.