Four days after the Madras High Court amended rules empowering courts to debar erring advocates from practice either temporarily or permanently, the Madras High Court Advocates Association (MHAA) on Tuesday decided to convene its General Body meeting on Wednesday to decide on its further course of action. Addressing the media, its president R.C. Paul Kanagaraj said the amendments made by the Madras High Court adversely affected the basic rights of lawyers. It will have serious implications for the profession. The amendment empowers the High Court as well as the court of Principal District Judge (PDJ) in every district to debar advocates indulging in misconduct.
“The newly added Rules say that an advocate found to have sent or spread unfounded and unsubstantiated allegations/petitions against a Judicial Officer or a Judge to the Superior Court would have to face debar. Allegations against judges may not have sufficient proof to substantiate and the advocates could only take the complaint against Judges to the Chief Justice. Hence, debarring for such acts is a serious issue,” Mr. Kanagaraj said.
On protests
Assailing the provision to debar an advocate if he or she actively participates in a protest on the court campus, the Executive Committee of MHAA stated that if there are some grievances with regard to the functioning of the judiciary, advocates could only protest inside the campus to bring it to the attention of the higher judiciary.
Lawyers could not do it outside the campus like political parties.
Similarly, All India Lawyers Union (AILU) demanded withdrawal of the amendments, stating that the High Court had introduced provisions that were not in existence even during the British rule.
Madras High Court Advocates Association to convene general body meeting to take a stand
