KOCHI: Sessy Xavier, who is alleged to have practised as an advocate for two-and-half years without completing her law studies, on Thursday submitted before the Kerala High Court that even though she has not been a member of the Alappuzha Bar association, her nomination was accepted and also won the election.
Sessy Xavier made the statements in her anticipatory bail petition filed before the High Court.
The petition, filed through Advocate Roy Chacko, stated that she was a student at Law Academy Law College, Thiruvananthapuram during 2014-2017. She did not complete her LLB course as she had failed in some subjects. "Due to the poor financial circumstances at home, she could not complete her course. Instead, she joined as a law intern in an advocates office at Alappuzha. She attended the office of the advocate and attended the courts regularly at Ramankary and Alappuzha, wearing a coat, without advocate's gown," stated the petition.
Sessy filed the nomination for the election of Bar Association, Alappuzha for the year 2020-21 following the request of some of her friends in the Association. "Even though she has not been a member of the Bar Association, her nomination was accepted and she also won the election," stated in the petition. After she won the election, her friends, who had ill-advised her to contest in the election, gave publicity about her non-completion of the law degree and non-enrollment with the Bar Council of Kerala.
The Alappuzha north police registered FIR against her based on the complaint of the Secretary, Alappuzha bar association. The offences charged against her for the offence under section 417 (cheating), 419 (Cheating by impersonation) and 420 (Cheating and dishonestly inducing delivery of property). She argued that the ingredients of the offence under section 420 is completely absent in the case. The FIR stated that Sessy Xavier by providing roll with No K 1177/2018, which is the roll number of an advocate practising in Thiruvananthapuram, acted as an advocate before the litigant and before the court.
The complaint stated that she had practised as an advocate for a period of two and half years before the courts in Alappuzha. The association also found that the enrollment number give by Sessy Xavier belonged to another woman advocate practising in Thiruvananthapuram. She has actively participated in the activities of the association as a librarian. She was also appointed as an advocate commission in several cases. Besides, she represented many litigants and argued the case before the court, stated in the complaint.
The general body of the Alappuzha bar association also passed a resolution on July 23 stating that the members of the association will not take vakalath for her.
Sessy Xavier is at large after the registration of the crime. She has also made an attempt to surrender before the Magistrate court in Alappuzha, however, she fled from the court premises upon realising that she was charged with non-bailable offences.