Madras HC Shuns Goondas Taking Avatar Of Advocates, Blames BCI For Mediocrity In Legal Profession [Read Orders]

The Madras High Court has made some serious observations against people in “black and white” dress acting as hooligans while holding the Bar Council of India for institutionalizing mediocrity in the profession by randomly granting approval to law colleges and creating disproportion in demand and supply of lawyers in the society. Justice N Kirubakaran of the Madras High Court made some scathing observations against the unsavoury system in place in India where getting a law degree from “letter pad colleges” is a common practice and asked BCI on what basis it has increased number of law colleges in India which stood at 800 (in 2014) against the needed 175 colleges in 2010.The court delved in to the issue of lawyers acting as hooligans while dealing with a petition moved by second year MBBS students of Annai Medical College and Hospital which was started only last year. The students have petitioned that they be absorbed in government institutions as the college has failed to repay loans and taken over by bank with most of its staff having resigned and hospital having shut down.There is also dispute among the management (the old and the new trustees) which is pending before Civil Court.During the hearing of the case, Mr.Sirajudeen, Senior Counsel appearing on behalf of the petitioners and Mr.R.Singaravelan, Senior Counsel appearing on behalf of the original trustees produced certain photographs showing some persons identifying themselves as Advocates wearing black and white dress stationed inside the college building.When the court sought to know more, the new trustees claimed the advocates were engaged by old trustees to retain the possession while the old trustees said they were hired by the new trustees to take over the possession.A report called by the Superintendent of Police, Kancheepuram District suggested that both the parties engaged advocates on September 20 and October 6.“..it is clear that both the parties do not have faith either in the judiciary or in the police and they took law in their hands and to take over possession or to retain possession, they engaged some people called as advocates, who are dressed in black and white,” Justice Kirubakaran said.“it has become usual for some of the parties to engage the so-called advocates to settle civil disputes or property disputes. The police had also pointed out the names of some of the advocates. However, the Deputy Superintendent of Police who is present before this Court would categorically state that one Mr.Padmanabhan and Mr.Wilson, learned advocates representing the old trustees were only explaining the order passed by the Court to the police and similarly, Mr.Ramakrishnan, Mr.Balaji and Mr.Neethikumar, learned advocates representing the new trustees were also explaining the Court orders.“Therefore, except the aforesaid advocates, the other persons who are found in the photographs as well as named in the affidavit filed by the Superintendent of Police, Kancheepuram are to be squarely blamed for this kind of illegal action. The parties should be discouraged from engaging the so-called advocates for settling the Civil disputes.Considering that the so called advocates should not have come into the property but for the instructions given by the both the new trustees as well as the old trustees, the court directed “the old trustees as well as the new trustees to file an affidavit before this Court as to who are all the advocates who were engaged by them in this regard, other than the persons who have been exempted by this Court”.People have faith in persons in “black and white dress” acting as hooligans Justice Kirubakaran said “it is neither surprising nor shocking for this Court to hear about engagement of “so-called Advocates” to retain possession by the original trustees or to take forcible possession of the subject medical college viz., Annai Medical College, Sriperumbudur by the new trustees, based on certain Court orders”. It is the usual modus operandi of any party who wants to take forcible possession or retain possession, engaging certain persons, called “Advocates”, wearing Black and White dress, as hooligans and who are capable of threatening and resisting even the police force. This trend is prevalent for the past few years in Tamil Nadu. It is a classic case to demonstrate as to why the people do not exhibit their faith either in the judiciary or in the police and have faith only on the persons in “black and white dress” claiming themselves as Advocates, to be engaged as “paid hooligans” to involve in property disputes. To put it in other words, these alleged lawyers act like extra constitutional authority.“It is a fact that persons with criminal background are entering into this profession by purchasing law degrees from letter pad law colleges, especially from Andhra Pradesh and Karnataka, which are selling law degrees for price without even conducting regular college”, he said.Justice Kirubakaran quoted from the Supreme Court judgement...

Madras HC Shuns Goondas Taking Avatar Of Advocates, Blames BCI For Mediocrity In Legal Profession [Read Orders]

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