The Bar Council of India yesterday revoked its earlier suspension of 125 lawyers practicing in Tamil Nadu..Last month, advocates from various parts of the state went up in arms against the recently notified amendments to the Advocates Act made by the Madras High Court. A large section of the Bar had expressed concerns that some of the new rules would result in creating a sense of fear among advocates appearing before courts..Despite the formation of a five-judge committee to look into the grievances of the lawyers, and repeated assurances made by Chief Justice Sanjay Kishan Kaul that no action would be taken under the new rules, the lawyers indulged in boycotting courts across the state. Which is where the BCI decided to step..An initial order was passed on July 20, warning the protesting advocates that they would be suspended should they continue to disrupt court proceedings. Paying no heed to the warning, a Joint Action Committee (JAC) comprising advocates from different parts of the state resolved to gherao the High Court with the intention of preventing the entry of advocates and litigants. Three days later, the BCI came good on its promise and suspended as many as 125 lawyers associated with the JAC..A delegation of Senior Advocates made an attempt to diffuse the situation, appealing to the members of the Bar to withdraw their agitations. Further, the Madras Bar Association made an appeal to the BCI to revoke the suspension..Additionally, the Chairman and other members of the Bar Council of Tamil Nadu and Puducherry met with members of the JAC in Delhi on August 10 and arrived at a settlement. Subsequently, the JAC passed a resolution on August 14 to withdraw their agitations against the new rules and to resume work from August 16 onwards..In light of this decision, the BCI deemed it fit to revoke the suspension order passed on July 23. Yesterday’s order also mentions that the suspension will not be treated as misconduct and will have no bearing on the advocates’ future career. Further, it states,.“It is hoped and expected that the Hon’ble members of the Bar, including the aforementioned members/office bearers of the Joint Action Committee will not repeat the similar action of strike/boycott/abstentions without getting the approval of the State Bar Council or the Bar Council of India. It is further made clear that, if in future, anyone among the aforesaid lawyers is reported to have committed (sic) the similar acts, then this Council or the State Bar Council will take serious actions against them.”.BCI Chairman Manan Kumar Mishra also appreciated the efforts of SK Kharventhan, who was a former Chairman himself, in resolving the issues amicably..Only time will tell whether the currently peaceful atmosphere at the Madras High Court and other courts in the state will remain. The BCI has decided to have a meeting with the JAC in the coming days to take stock of the situation..Read the BCI’s order:
The Bar Council of India yesterday revoked its earlier suspension of 125 lawyers practicing in Tamil Nadu..Last month, advocates from various parts of the state went up in arms against the recently notified amendments to the Advocates Act made by the Madras High Court. A large section of the Bar had expressed concerns that some of the new rules would result in creating a sense of fear among advocates appearing before courts..Despite the formation of a five-judge committee to look into the grievances of the lawyers, and repeated assurances made by Chief Justice Sanjay Kishan Kaul that no action would be taken under the new rules, the lawyers indulged in boycotting courts across the state. Which is where the BCI decided to step..An initial order was passed on July 20, warning the protesting advocates that they would be suspended should they continue to disrupt court proceedings. Paying no heed to the warning, a Joint Action Committee (JAC) comprising advocates from different parts of the state resolved to gherao the High Court with the intention of preventing the entry of advocates and litigants. Three days later, the BCI came good on its promise and suspended as many as 125 lawyers associated with the JAC..A delegation of Senior Advocates made an attempt to diffuse the situation, appealing to the members of the Bar to withdraw their agitations. Further, the Madras Bar Association made an appeal to the BCI to revoke the suspension..Additionally, the Chairman and other members of the Bar Council of Tamil Nadu and Puducherry met with members of the JAC in Delhi on August 10 and arrived at a settlement. Subsequently, the JAC passed a resolution on August 14 to withdraw their agitations against the new rules and to resume work from August 16 onwards..In light of this decision, the BCI deemed it fit to revoke the suspension order passed on July 23. Yesterday’s order also mentions that the suspension will not be treated as misconduct and will have no bearing on the advocates’ future career. Further, it states,.“It is hoped and expected that the Hon’ble members of the Bar, including the aforementioned members/office bearers of the Joint Action Committee will not repeat the similar action of strike/boycott/abstentions without getting the approval of the State Bar Council or the Bar Council of India. It is further made clear that, if in future, anyone among the aforesaid lawyers is reported to have committed (sic) the similar acts, then this Council or the State Bar Council will take serious actions against them.”.BCI Chairman Manan Kumar Mishra also appreciated the efforts of SK Kharventhan, who was a former Chairman himself, in resolving the issues amicably..Only time will tell whether the currently peaceful atmosphere at the Madras High Court and other courts in the state will remain. The BCI has decided to have a meeting with the JAC in the coming days to take stock of the situation..Read the BCI’s order: