Havocking Madras lawyers not to be disciplined yet because regional politics alleged

Tuesday, 27 October 2015 By Harleen Kaur Bar, Bench & Litigation

Disciplinary proceedings set to begin today against 14 lawyers who were suspended by the Bar Council of India for creating disorder in Madras high court, have been stalled by the Madras high court, reported the Business Standard.

A bench of justices R Sudhakar and VM Velumani restrained the Special Disciplinary Committee (SDC) formed by the Bar Council of Tamil Nadu and Puducherry (BCTP) to hold an inquiry against the suspended lawyers who had allegedly stormed various courtrooms and shouted slogans against judges, as was reported by Legally India.

The bench was hearing advocate and petitioner-in-person M Mohammed Rafi’s plea seeking to move the displinary proceedings to Karnataka State Bar Council’s committee, as originally proposed by the BCI Rafi has alleged that initially, the BCI constituted a disciplinary committee consisting of members from the Karnataka Bar Council so that a fair and proper inquiry could be conducted. But following a “sly” request from the BCTP, the inquiry was transferred to it.

The petitioner claimed that the suspended lawyers have good relationship with the members of BCTP nominated by BCI to inquire against them, making the whole process a hogwash. The petitioner had reportedly made a representation to the BCI to transfer the inquiry to another state on 29 September citing open support to errant lawyers by lawyers of the BCPT, which was rejected.

The court has directed the Secretary of the BCTP, who constituted the disciplinary committee, the Chairman of the BCI and the SDC to give their views on the plea in Rafi’s petition.

Comments

K.V.Narayanmurti. 27 Oct 2015, 13:14

+0 -0

I was enrolled over sixty years ago,in the Madras HC, before the CJ Hon. Sri. P.V.Rajamannar, introduced by another senior lawyer. It was a solemn ceremony, revealing the majesty of law and the legal system. This was after a year's apprenticeship (full-time) when one had to work in the Senior Advocate's chambers and attend the court-working, every working day. Separate diaries for chamber and for court had to be kept, to record our activities and submit these to the Bar Council for scrutiny. We alo had to attend 28 special lectures organised by the BC, in the evenings, on procedural laws, professional etiquette etc. and to pass four examinations, two with books and two without, on Civil and criminal procedures. Only after all these, we could move for enrolment, and the notice had to be published in an English newspaper. This elaborate procedure ensured that no undesirable got into the profession through fake degrees and other malpractices. If we have to produce good quality lawyers, it is essential to weed out undesirables at the threshold itself. I am, naturally, a proud lawyer even at 86 plus years. I pity the Madras lawyers of to-day.

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