The Madras High Court Bench here on Thursday left it to the Bar Council of India (BCI) for a decision on a plea for transfer to Karnataka the disciplinary proceedings initiated by the Bar Council of Tamil Nadu and Puducherry (BCTP) against 14 Madurai-based lawyers, suspended for having reportedly indulged in largescale protests against the judiciary.
Disposing of a writ petition filed by advocate M. Mohamed Rafi who had no faith in the enquiry conducted by the BCTP, a Division Bench of Justices R. Sudhakar and V.M. Velumani directed the BCI to take an appropriate decision within a week from the date of receipt of a copy of court order. The court made it clear that the BCTP should not proceed with its enquiry till then.
The Bench observed that the BCI could even consider reconstituting a special three-member enquiry committee formed by the BCTP for enquiring into the charges against the 14 lawyers. During the course of hearing, Renghanathan, petitioner’s counsel, contended that the BCI had initially ordered that the enquiry against Madurai lawyers must be conducted by Karnataka State Bar Council and modified the order subsequently at the request of BCTP. “I don’t know how the BCI modified its own order without assigning any reason for such modification,” he said.
Defending the 14 lawyers, Madras High Court Advocates Association president R.C. Paul Kanagaraj contended that the petitioner had no locus standi to file a writ petition when the BCI and the BCTP were seized of the issue.
Stating that it was the BCTP which had forwarded the names of the 14 lawyers to BCI, he said: “The petitioner is unnecessarily poking his nose into the issue.” He pleaded with the court to take a lenient view in the matter as the advocates and their families were suffering due to loss of livelihood ever since they were suspended from practicing in any court or tribunal.
