Advocates Not Above Law; Bar Council Must Act Suo Moto Against Lawyers' Unruly Conduct : Madras High Court

The Madras High Court has observed that the Bar Council should initiate suo moto disciplinary actions against advocates who demean the legal fraternity with unruly conduct in public.

If such incidents come to the notice of the Bar Council through visual or print media, then the Bar Council should initiate suo moto action, without waiting for any formal written complaint, the High Court observed.

A single bench of Justice M Dhandapani made these significant observations while considering the anticipatory bail application of a lawyer, who was accused of publicly intimidating police officials who had stopped her vehicle for travelling in violation of lockdown. The visuals of the lawyer threatening the cops had got public in media.

The Court observed that advocates are also common citizens and they are not above the law.

It is further to be stressed that advocates are not above law and, in fact, it is the advocates who have to give more respect to the law, as it is their bread and butter. Usage of the position of advocate for other than just causes is nothing but an act of corrupt nature, which requires to be cut down by the sword held in the hands of the statue of Justice.

The duty of an advocate is to see to it that the rule of law is followed irrespective of the damage that it would cause to his self.The doyens of the Bar, more especially the Madras Bar, have held aloft the rule of law for centuries together and Madras Bar is always looked upon with awe and admiration. But, nowadays, a few members, just to enrich themselves and for their selfish cause, throw to the winds the larger interest of the legal fraternity and cause irreparable damage to the other members of the legal profession by their acts, as has been done in the present case"

The least expected of the general public and also the intellectual group of legal professionals that they should be given the minimum basic respect and courtesy while handling them, the Court said.

Bar Council should take suo moto action

The Court said that Bar Council should take suo moto action against any unprofessional conduct of a lawyer which comes to its knowledge.

"Any unprofessional conduct of a member of the legal profession, coming to the knowledge of the Bar Council through the visual media for which no complaint emanates from any quarter, can the Bar Council allow that instance to go unnoticed for the mere reason that the Advocates Act does not envisage suo motu action. Introspection is the need of the hour for the legal profession to survive and have its deep rooted traditions intact," the Court remarked.

Since instances of advocates going beyond their brief are on the increase, the Court observed that that the Bar Council should be more proactive.

"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 order said.

While dismissing the bail application of the lawyer, the Court also ordered :

"The 2nd respondent (Tamil Nadu Bar Council), in consultation with the Bar Council of India, in the larger interest of the legal fraternity, shall look into the issue of evolving a mechanism for initiation of suo motu proceedings against such of those members, who indulge in activities, which are prejudicial and demeaning the interest of the legal fraternity as a whole".

Advocates cannot take law into their hands

"Advocates should not take law into their own hands on the premise that they are the custodian of law; on the contrary, the advocates being the custodian of law, are bound to act within the legal framework, even if there is violation of law and establish the rule of law through the well defined mechanism. Any deviation from the said act would take away the said individual out of the legal fraternity and brand them otherwise, which would be scar on the legal profession as also the individual, who is practicing the profession".

Criminal contempt action initiated against lawyer who spread derogatory audio messages against the judge

In the same order, Justice Dhandapani initiated criminal contempt proceedings against a lawyer for the derogatory audio messages shared by him in WhatsApp against the judge.

Madras High Court Initiates Criminal Contempt Against Advocate For Sharing 'Derogatory' WhatsApp Audio Messages Against Judge

Click here to read/download the order