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HC seeks report on action taken against unruly lawyers
The Madras High Court on Tuesday directed the Bar Council of Tamil Nadu and Puducherry (BCTN-P) to file a status report on the action taken against advocates, who misbehaved with the officials on duty. The direction came while hearing the anticipatory bail plea filed by the woman advocate whose was caught in a video verbally abusing police personnel.
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Chennai
Justice M Dhandapani sought for the report while hearing the plea moved by Tanuja Rajan alias Tanuja Kanthula along with her daughter Preeti Rajan, who were caught on camera abusing city police officials for imposing a fine of Rs 500 for alleged lockdown violation.
The court also sought for a report on the mechanism in place for taking action against such advocates, pointing out that though a mechanism of disciplinary action existed under the relevant Acts and Rules for unruly and undisciplined behaviour of government personnel, such mechanism did not exist for the legal fraternity.
“The initiative and control vests on the Bar Council of Tamil Nadu to take appropriate action against such unruly advocates who involve themselves in these kinds of acts which demeans the profession,” the court said also noting that the mechanism that was in place in such regard was not clearly spelt out by BCTN-P.
Further, pointing out that the issue involved in the present petition had larger ramification with regard to the conduct of the members of the legal fraternity vis-a-vis government officials, the court impleaded the BCTN-P as a party in the criminal original petition while posting the plea for further hearing to June 17.
Justice Dhandapani also observed that amid the raging pandemic wherein the health workers and the uniformed services were performing an arduous duty risking their own health and well-being, there were a few miscreants who indulge in tussle with the police personnel, not only undermining the work done by them but also creating an eerie atmosphere amongst the police personnel.
Also, lamenting that some miscreants of the legal fraternity also fell in this league, Justice Dhandapani said, “It is a harsh reality that instances of such nature by the members of the legal fraternity are on the increase.”
It may be noted that the sessions court in Chennai recently rejected the anticipatory bail plea by the mother and daughter after condemning their behaviour.
Video calls between lawyers, prisoners: HC seeks govt stand
The Madras High Court on Tuesday directed the Tamil Nadu government to file a report on a plea that sought to permit lawyers to interview their clients lodged in prisons either through video calls or through telephone due to COVID-19 restrictions.
The first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, before whom the plea came, ordered notice to the State after tagging the petition with the 2017 suo motu public interest litigation related to prison reforms.
Following Advocate General R Shunmugasundaram’s assurance that the report would be filed when the plea comes up for hearing, the bench posted the case to July 1.
The petitioner, an advocate from Madurai, submitted that despite a direction from the first bench of this High Court to allow such interactions, it has not been made possible. “This has led to advocates being unable to obtain directions from their clients languishing in correction homes,” the plea said. Recording the submission by amicus and senior counsel R Vaigai on May 28, the first bench led by the Chief Justice had held, “Since there are video conferencing facilities and, in any event, there are video calls possible by way of mobile phone apps, the authorities at all correctional homes should permit interaction between advocates representing the inmates and the relevant inmates upon setting down certain parameters in such regard.
“Since the surge has subsided in most places, immediate contact may be permitted as sought on a rational and reasonable basis,” the court had held.
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