MHC directs Bar Council to take suo motu action against advocates demeaning the profession.

Updated: Jun 29, 2021

Madras High Court |  Social Thikana | Treesa Sunil

The said order was given while dismissing an anticipatory bail plea filed by an advocate who was implicated for the Covid 19 protocol violation. In Tanuja Rajan v. State, the court observed that, advocates are not above law and said that the Bar Council, in consultation with the Bar Council of India, in the larger interest of the legal fraternity, should look into the issue of evolving a mechanism for initiation of suo motu proceedings against such of those members, who indulged in activities, which were prejudicial and demeaning the interest of the legal fraternity as a whole.

The court took a serious note of this issue and viewed the act of the petitioner as unprofessional and misuse of professional capacity.

"Though this Court cannot give any positive direction to the Bar Council to do one thing or the other, as it is not vested with jurisdiction ... it is high time the Bar Council enforces Section 35 of the Advocates Act, which gives it the power and authority to initiate action suo motu on the incidents, which comes to its knowledge through the digital/print media, for which there is no complaint given by any individual," the court said.

The court dismissed the lawyer’s plea and ordered also for a personal bond to be executed by her for a sum of Rs.10,000 before the respondent police.

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