• Bar–red by Council's double standards
©The
Star (Used by permission)
by M. Krishnamoorthy
PETALING JAYA: Former Lord President Tun Salleh Abas is perturbed over the Bar
Council’s decision not to give him a waiver on his application to be admitted as
consultant of his firm.
Salleh’s firm Salleh Abas, Yaacob and Sofiah first applied for him to be
admitted as a consultant on Feb 27, 2006.
A week after it submitted the application, council secretary Ragunath Kesavan
replied in a letter that he could not be admitted because he did not meet the
requirement to have been in active practice in the Bar for a minimum of 20
years.
When contacted yesterday, Salleh, who turns 80 next year, said the matter was
being dealt by the firm’s partner Megat Shaharuddin Merican, who later revealed
all the correspondence with the council and the Attorney–General’s office.
He said the Bar Council may, with the approval of Attorney–General Tan Sri Abdul
Gani Patail, waive any of this ruling.
On Feb 14, 2007, Tun Salleh wrote to Gani whether he could get some dispensation
on the rule.
The A–G’s office wrote back on April 17, 2007 that they were not in a position
to accommodate his request as the waiver must be initiated by the council.
The A–G’s letter stated that council president Datuk Ambiga Sreenevasan insisted
on strict compliance with the rule.
On Dec 27, 2007, the firm wrote to Ambiga and highlighted the A–G’s comment.
After a request for a response, the Bar Council finally replied on Feb 12 this
year, saying: “We regret that the Bar Council is not in a position to accede to
your request in light of Rule 60.”
Rule 60 states the requirements for one to qualify as a consultant.
On July 22, the council replied that they were in the process of amending Rule
60.
When contacted yesterday, Ambiga said the rule did not adversely affect
Salleh’s right to practise as he could continue to do so as a lawyer and partner
of his firm.
“All decisions were collectively taken by the council.
“By March next year, Tun Salleh will qualify to be a consultant,” she said,
adding that the council would issue a full statement today.