Madras High Court Chief Justice Recuses From Hearing Madras Bar Association's Appeal Against Order Directing To Give Membership Without Discrimination

The single judge had criticized the bye-laws of the Association which make it difficult for an ordinary lawyer to become a member of the association. The court also directed the Association to pay five lakh rupees as compensation to Senior Advocate Elephant G Rajendran for the denial of drinking water to his son in 2012 by a senior lawyer.

When the matter was mentioned before the bench of Justice Gangapurwala and Justice PD Audekesavalu, the Chief Justice said that the single judge has passed an order with regard to appropriate administrative action for shifting the Bar Association from the High-Security Zone to any other place. Thus, the CJ said that he could not hear the appeals.

“Shifting of Madras Bar Association / second respondent from “High-Security Zone” to any other place in the High Court premises is within the exclusive domain of the High Court administration. It is for the Registrar General, Madras High Court to initiate appropriate actions by placing all the facts before the Hon'ble The Chief Justice of Madras High Court,” Justice SM Subramaniam said in the impugned order.

The appeals arise from an order of the single judge directing the Association to compensate for the untoward incident of denial of drinking water by one of its members. The single judge had also directed the Bar Association to give membership to all interested practicing lawyers of the High Court without discriminating on the basis of caste, gender, religion, economic status, personal affiliations with Senior Advocates or dignitaries, and political affiliations.

With regard to the petitioner’s submission that the Madras Bar Association, which is functioning inside the High-Security zone of the High Court ought to have shifted to a new building in the High Court premises and such occupied area should be utilized for the purpose of the Court Halls, the single judge had observed that the same fell within the exclusive domain of the High Court administration. The single judge had ordered the matter to be placed before the Chief Justice.