Specify Mechanism In Place For Taking Action Against Advocates Who Misbehave With Officials On Duty: Madras High Court To Bar Council

Underling that society has witnessed many instances of the legal fraternity indulging in a war of words as also scuffle with the police personnel, the Madras High Court on Tuesday observed that instances of such nature by the members of the legal fraternity are on the increase.

The Bench of Justice M. Dhandapani was presiding over an anticipatory bail plea filed by an advocate and her daughter in connection with a case wherein a verbal altercation took place between the lawyer and the police regarding an alleged COVID lockdown violation.

Importantly, the Court directed the Bar Council of Tamil Nadu to file an appropriate Status Report as to the mechanism that is in place for taking action against the members of the legal fraternity as also the action that has been taken against such of those advocates, who have misbehaved in the public place with the officials on duty.

The Court was also of the view that amidst the pandemic, the health workers and the uniformed services are performing an arduous duty with due diligence and with scant care for their health and well-being.

"Such is the enormity of their service, each and every common man throughout the country are recognizing their service and are applauding their efforts in not only keeping under control the law and order of the State but also keeping in check the spread of the deadly virus amongst the human race," added the Court.

However, the Court observed that there are a few miscreants, who, with scant respect to the work done by the law enforcing agency, indulge in a tussle with the police personnel, not only undermining the work done by them but also creating an eerie atmosphere amongst the police personnel.

Regarding the role of the Bar Council, the Court observed that when it comes to the legal fraternity, the initiative and control vests on the Bar Council of Tamil Nadu, to take appropriate action against such of those unruly advocates who involve themselves in these kinds of acts, which demeans the profession.

Further, the Court stress that the mechanism that is in place to take action against such of those individuals, who involve themselves in indisciplined acts and misbehave with the officials on duty, are not clearly spelled out by the Bar Council of Tamil Nadu

Thus, the Bar Council of Tamil Nadu was impleaded as a party respondent in the instant criminal original petition. 

Lastly, the registry was directed to serve notice on the Bar Council of Tamil Nadu and list the matter for filing a status report on June 17, 2021.