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CS Professional · Drafting, Pleadings and Appearances · Adjudications and Appeals under SEBI Laws

SEBI appoints Adv. Meera Joshi, who has practised as an advocate for six years and ten months, to conduct a prosecution before a Special Court under the SEBI Act. She has held no post under the Union or a State. Is she eligible under the Act?

She is not eligible. The prosecutor before a Special Court must have practised as an advocate for at least seven years, or held a post under the Union or a State requiring special knowledge of law for at least seven years. Meera meets neither test.

  1. AYes, because any advocate enrolled with a Bar Council may conduct such prosecution
  2. BYes, because the Special Court may waive the experience requirement
  3. CNo, because the person must have practised as an advocate for at least seven years or held a qualifying post for at least seven yearsCorrect
  4. DNo, because only a serving Union government officer may conduct the prosecution

Explanation

Section 26D(2) requires the prosecutor to have practised as an advocate for not less than seven years, or to have held for not less than seven years a post under the Union or a State requiring special knowledge of law. Meera has under seven years of practice and no such post, so she is ineligible. Government service is an alternative route, not the only one.

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