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HC disapproves of Bars deciding against representing accused 

June 10, 2022 08:05 pm | Updated 10:07 pm IST - MADURAI

It closes proceedings against Karaikudi Bar Association

The Madurai Bench of the Madras High Court has closed the proceedings initiated against Karaikudi Bar Association over a resolution it had passed stating that no one should represent three persons who were accused of attacking an advocate couple.

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The court, while granting bail to the three accused, sought an explanation from Karaikudi Bar Association as to why necessary directions should not be issued to the Bar Council of Tamil Nadu and Puducherry for taking action to de-recognise it and why contempt proceedings should not be initiated against its office-bearers.

In pursuant to the direction of the court, the president and the secretary of Karaikudi Bar Association submitted an explanation to the court stating that they had passed the resolution as a mark of sympathy for and solidarity with the advocates. They had realised that they should have refrained from passing such a resolution. They assured that they would uphold the constitutional mandate and not pass such resolutions in the future.

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Justice K. Murali Shankar recorded their explanation. “I hope and trust that such thing will not recur anywhere in Tamil Nadu and Puducherry,” the judge said, and closed the proceedings initiated against the Bar Association, and the resolution passed by it was declared null and void.

Earlier, the court referred to Supreme Court directions and observed that the resolution passed by Karaikudi Bar Association was illegal, null and void. No doubt, any attack on advocates could not be viewed lightly. It should be condemned sternly and the attackers should be dealt with an iron hand, it added.

But, at the same time, it said, the Bar Association was not expected to pass such a resolution, violating the Constitution and the law of the land.

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