As reported earlier today, the Bar Council of India suspended 126 lawyers from Tamil Nadu for protesting against the new disciplinary rules framed by the Madras High Court..In a General Body meeting held two days ago, the BCI addressed pressing questions of indiscipline among members of the Tamil Nadu bar. Subsequent to a warning issued to the protesting advocates, the BCI has come down heavily on members of the Joint Action Committee which is a group of lawyers from various bar associations..Explaining why he resorted to suspending the advocates, BCI Chairman Manan Kumar Mishra said,.“We have to protect the interests of the litigants and lawyers as well. Sincere advocates who have work in the courts are being restrained from entering the courts. .These acts are objectionable…they have maligned the image of the legal profession as a whole. Therefore, we had no choice but to suspend these so-called leaders of the Joint Action Committee.”.The resolution states,.“…as per the reliable sources and the reports of the survey conducted by this Council, there are about 500 such Lawyers spread throughout the State who are creating all sorts of nuisances and disturbances in the Bar. .The incidents of the abnormal prolonged strikes for more than 55 days, burning the copies of rules and the effigy of the Hon’ble Judges (not only in the State headquarters but also in the premises of Trichy Civil Court), are so shocking that we cannot differentiate between the actions of those unruly acts of such errant elements of the Bar and the actions of goons roaming in the society..We are also told that one Mr. P. Thirumalairajan, the self-styled Chief Coordinator of Joint Action Committee has issued a statement in the media that he and his followers shall not allow the Hon’ble Chief Justice and other Hon’ble Judges of Madras High Court to enter into the court rooms from 25.7.2016 onwards.”.Mishra further revealed that those indulging in the protests have a hidden agenda, related to the BCI’s Certificate and Place of Practice (Verification) Rules, 2015..“We are in the process of verifying the certificates of each and every lawyer in the country because we have information that more than 25-30% lawyers are working without any degree..Based on our prima facie reports, the agenda behind these protests is something else. The agenda behind it is to indirectly oppose the verification Rules. Non-appearing, farzi advocates are financially backing and taking the lead in these protests.”.However, Mishra made it clear that the BCI does not see eye to eye with the Madras High Court on the disciplinary rules.,.“The Bar Council of India itself is not in agreement with the rules in toto, therefore we have gone on review against the order of the apex court.”.The case in question is the Supreme Court’s decision in RK Anand v. Registrar, Delhi High Court in 2009, wherein it was held that high courts have the power to frame disciplinary rules..The BCI has constituted a seven-member committee to look into the rules and have deliberations with members of the TN bar. Said Mishra,.“We will go to Chennai and invite the real leaders of the Bar and have a discussion with the High Court judges and if need be, the Chief Justice.”.Read the extracts of the resolution and the list of suspended lawyers:
As reported earlier today, the Bar Council of India suspended 126 lawyers from Tamil Nadu for protesting against the new disciplinary rules framed by the Madras High Court..In a General Body meeting held two days ago, the BCI addressed pressing questions of indiscipline among members of the Tamil Nadu bar. Subsequent to a warning issued to the protesting advocates, the BCI has come down heavily on members of the Joint Action Committee which is a group of lawyers from various bar associations..Explaining why he resorted to suspending the advocates, BCI Chairman Manan Kumar Mishra said,.“We have to protect the interests of the litigants and lawyers as well. Sincere advocates who have work in the courts are being restrained from entering the courts. .These acts are objectionable…they have maligned the image of the legal profession as a whole. Therefore, we had no choice but to suspend these so-called leaders of the Joint Action Committee.”.The resolution states,.“…as per the reliable sources and the reports of the survey conducted by this Council, there are about 500 such Lawyers spread throughout the State who are creating all sorts of nuisances and disturbances in the Bar. .The incidents of the abnormal prolonged strikes for more than 55 days, burning the copies of rules and the effigy of the Hon’ble Judges (not only in the State headquarters but also in the premises of Trichy Civil Court), are so shocking that we cannot differentiate between the actions of those unruly acts of such errant elements of the Bar and the actions of goons roaming in the society..We are also told that one Mr. P. Thirumalairajan, the self-styled Chief Coordinator of Joint Action Committee has issued a statement in the media that he and his followers shall not allow the Hon’ble Chief Justice and other Hon’ble Judges of Madras High Court to enter into the court rooms from 25.7.2016 onwards.”.Mishra further revealed that those indulging in the protests have a hidden agenda, related to the BCI’s Certificate and Place of Practice (Verification) Rules, 2015..“We are in the process of verifying the certificates of each and every lawyer in the country because we have information that more than 25-30% lawyers are working without any degree..Based on our prima facie reports, the agenda behind these protests is something else. The agenda behind it is to indirectly oppose the verification Rules. Non-appearing, farzi advocates are financially backing and taking the lead in these protests.”.However, Mishra made it clear that the BCI does not see eye to eye with the Madras High Court on the disciplinary rules.,.“The Bar Council of India itself is not in agreement with the rules in toto, therefore we have gone on review against the order of the apex court.”.The case in question is the Supreme Court’s decision in RK Anand v. Registrar, Delhi High Court in 2009, wherein it was held that high courts have the power to frame disciplinary rules..The BCI has constituted a seven-member committee to look into the rules and have deliberations with members of the TN bar. Said Mishra,.“We will go to Chennai and invite the real leaders of the Bar and have a discussion with the High Court judges and if need be, the Chief Justice.”.Read the extracts of the resolution and the list of suspended lawyers:
