Madras High Court
V.Senthil vs The Secretary on 2 August, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.No.20133 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN
W.P.No.20133 of 2024
and
W.M.P.No.22039 of 2024
V.Senthil ... Petitioner
Vs.
1. The Secretary,
Bar Council of Tamil Nadu & Puducherry,
Madras High Court Buildings,
Chennai - 600 104.
2. The Secretary,
Bar Association Tambaram,
Combined Court Buildings,
Tambaram,
Chennai - 600 045. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to
issue a writ of Certiorari, calling for the records pertaining to the impugned
resolution based on which the Notification issued by the Bar Association,
Tambaram, the 2nd respondent herein dated 11.07.2024 and quash the same.
Page No.1 of 6
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W.P.No.20133 of 2024
For Petitioner : Mr.G.Karthikeyan
Senior Counsel
for Mrs.A.Jagadeeswari
For R1 : Mr.C.K.Chandrasekkar
For R2 : Mr.P.Santhaseelan
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The impugned order issued by the Bar Association, Tambaram against
the writ petitioner is offending his basic right to practice law in Court
premises.
2. Mr.G.Karthikeyan, the learned Senior Counsel appearing on
behalf of the petitioner would submit that the petitioner has been suspended
from the Bar Association merely because he attended the Court contrary to
the decision taken by the Bar Association, Tambaram.
3. Boycott of Lawyers are dealt with by the Hon'ble Supreme Court
of India in many Judgments and the Apex Court in an unequivocal terms held
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that one day boycott would be the last resort of any Bar Association and there
cannot be any continuous boycott by Lawyers, which would affect the rights
of the litigants and also the Justice Delivery System.
4. Mr.P.Santhaseelan, the learned Counsel appearing on behalf of
the 2nd respondent would strenuously oppose by stating that the petitioner
has abused the Members of the Bar Association and he is frequently causing
inconvenience to the Members of the Bar Association. Thus, the decision
taken by the Bar Association, Tambaram is on compelling circumstances.
Thus, the writ petition is to be rejected.
5. The allegation against the writ petitioner is that he attended the
Court proceedings contrary to the decision taken by the Bar Association,
Tambaram not to attend the Court proceedings. However, the learned Counsel
for the 2nd respondent would deny by stating that the Bar Association has not
prevented any Lawyers from attending Court proceedings.
6. May that as it be, the Bar Association is not empowered to
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prevent or restrain any Advocate from appearing before the Courts. Practice
of Law is a fundamental right enunciated under the Constitution. Advocates
Act also provides right to Lawyers to practice before all the Courts. Such right
cannot be taken away by merely suspending a Member of the Bar Association
or causing inconvenience to him from practising Law in Court premises.
7. It is needless to state that Advocates are expected to maintain
cordial relationship with the Members of the Bar Association, so as to ensure
that the Court functionings are not obstructed.
8. In view of the facts and circumstances, we find that the
impugned order passed by the Bar Council, Tambaram is unnecessary and
and such attempt hereinafter to be avoided by the Bar Association. Freedom
of speech and practice being basic right, the Members of the Bar Association
is expected to respect the rights of others. While demanding right
correspondingly duties are to be reminded.
9. Accordingly, the impugned order dated 11.07.2024 is quashed
and the Writ Petition stands allowed. No costs. Consequently, connected
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miscellaneous petition is closed.
[S.M.S., J.] [C.K., J.]
02.08.2024
Index : Yes/No
Speaking Order : Yes/No
Neutral Citation : Yes/No
veda
To
1. The Secretary,
Bar Council of Tamil Nadu & Puducherry,
Madras High Court Buildings,
Chennai - 600 104.
2. The Secretary,
Bar Association Tambaram,
Combined Court Buildings,
Tambaram,
Chennai - 600 045.
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S.M.SUBRAMANIAM, J.
AND
C.KUMARAPPAN, J.
veda
Order in
02.08.2024
https://www.mhc.tn.gov.in/judis
