BCI response sought on plea to transfer proceedings

October 27, 2015 12:00 am | Updated 09:10 am IST - MADURAI:

The Madras High Court Bench here on Monday sought the response of Bar Council of India (BCI) and Bar Council of Tamil Nadu and Puducherry (BCTP) to a plea for transfer to Karnataka the disciplinary proceedings initiated against 14 Madurai-based lawyers.

Passing interim orders on a writ petition filed by advocate M. Mohamed Rafi who doubted the fairness of the ongoing enquiry, a Division Bench of Justices R. Sudhakar and V.M. Velumani directed the BCTP not to proceed with the enquiry until the next hearing of the case on Wednesday.

In his affidavit, the petitioner submitted that an order passed by the High Court in June this year directing the police to ensure strict implementation of the helmet rule for two-wheeler riders was met with stiff resistance by a section of lawyers practising in the district court here.

Those lawyers boycotted the district court from July to August 11 and “took processions and rallies all over the city by causing disturbance to the general public.” The protests gained momentum after the High Court initiated suo motu contempt of court proceedings against two lawyers.

BCI order

All this forced BCI to pass an order on September 22 suspending from practice as many as 14 lawyers and ordering an enquiry against them by Karnataka State Bar Council. However, the order was modified partially two days later at the request of BCTP which gained permission to hold the enquiry.

Pointing out that two of the 14 lawyers were serving as co-opted members of BCTP’s disciplinary committee before their suspension and that several members of the BCTP were “openly supporting the errant lawyers,” the writ petitioner apprehended that the enquiry may not be conducted fairly.

Case relates to action initiated against 14 Madurai-based lawyers

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