Full Court reiterates Madras HC CJ's assurance that no precipitative action will be taken against ‘undisciplined lawyers’ as of now
The Full Court of Madras High Court has reiterated the Chief Justice's assurance to the representatives of the Bar Council and the Bar Associations that pending examination of the Rules no precipitative action will be taken will continue to operate.
However the above assurance is subject to ‘the advocates and/or Bar Associations withdrawing the boycott and/or the strike and resuming work forthwith, failing which necessary action, as per norms already laid down, would follow.’
In the full court meeting held on 16th June, it has also decided that the suggestions submitted by District Bar Associations and Senior Advocates of High Court who had expressed their reservation about the Rules, will be examined by a Committee to be constituted to suggest necessary modifications/amendments to the Rules and that in this behalf the representatives of the Bar be heard, due notice being given in that regard.
Madras High Court, had introduced new sets of disciplinary rules for the Advocates through an amendment, enabling it to debar lawyers who indulge in objectionable behaviour. In a notification published on 20th May 2016, new Rules 14A, 14B, 14C and 14D has been added to the existing Rules under Advocates Act.
According to newly introduced Rules, an Advocate can be debarred from appearing before the High Court or Subordinate Courts permanently or for a specific time period, if he is found to have accepted money in the name of a Judge or on the pretext of influencing him or An Advocate who browbeats and/or abuses a Judge or Judicial Officer; or is found to have sent or spread unfounded and unsubstantiated allegations/petitions against a Judicial Officer or a Judge to the Superior Court.
The Madras High Court Advocates Association, in a unanimous resolution, had expressed its “deep” concerns about the newly introduced amendments to rules framed under S.34 (1) of the Advocates Act, by the High Court.
Pursuant to these protests, the Chief Justice of Madras High Court had agreed to restructure the disciplinary rules, on request of the BCI’s Chairman. It says that the rules have been agreed to be kept in abeyance, till the time the office bearers of concerned Associations are called on for hearing them out.
Read the extract of full court meeting here.