TN Bar Council passes orders against bursting of firecrackers, self-aggrandisement by newly enrolled advocates

Callous celebrations, including the bursting of firecrackers, by newly enrolled lawyers at an enrolment ceremony held at the Madras High Court last week appears to have prompted the Bar Council of Tamil Nadu and Puducherry (BCTN) to pass orders placing limits on the number of candidates who can be enrolled at a time as well as the number of enrollment functions held per week..Special Committee members R Singaravelan and N Chandrasekharan passed the order dated December 21, 2018, after expressing their disapproval over the anti-social celebrations indulged in by the newly enrolled candidates on the said date..These activities, the BCTN authorities pointed out, were in square violation of the undertaking signed by candidates, by which they had taken an oath not to print or publish posters, pamphlets, invitation cards, advertisement and other allied notifications. Further, another clause of the same undertaking specifically prohibited the bursting of firecrackers near the Bar Council premises..Nevertheless, on the said date several advocates were found to have burst firecrackers amidst other loud celebrations, ignoring warnings and requests made by the police and the Bar Council. The BCTN order noted,.“The very painful question arisen in our mind is as to whether the Enrolment of an Advocate warranted such a politically oriented event as if he was elected to the Assembly or Parliament.“.Criticising such conduct on the part of the newly enrolled advocates who took part in such celebrations, the BCTN order queries,.“Are all the applicants for Enrolment who resorted to grand function on the Road at the cost of Public interest have take part in any public interest oriented activities…or are their parents… ‘Thiyagies’ who got independence for the Nation to celebrate their Enrolment?.…We do ask all of them a question as to when your sisters or brothers who attended the function suddenly developed heart attack what would have been your position?.…On the date of Enrolment the human cries, noise, drum beating voice and atrocities of the newly enrolled Advocates are unbearable even to us who are beneficiaries of such an Enrolment…how the public could be able to react to this type of atrocity is the question…”.Bearing these concerns in minds, the BCTN issued the following orders, in the interest of the State, the Society and genuine advocates in Courts..The grant of enrolment certificates for those who enrolled on December 21 will be subject to verification and scrutiny of the video footage taken during the event.Enrolment functions are to be conducted only on Wednesdays and Saturdays.Only 75 candidates should be enrolled at a time. At any cost, no more than 150 candidates will be allowed to be enrolled every week. At the time of enrolment, only the parents or any two siblings of the candidate will be permitted to stand in the Bar Council premises. The enrolled advocates should not burst crackers, beat drums, issue threats etc. as if someone has passed away..“…everyone knows that the Enrolment is a holy ceremony and not a funeral ceremony”, the BCTN added..Expecting that these directions may face objections from some quarters in advocate associations, the BCTN goes on to offer a plea with all respect and folded hands, for compliance with the same..While it observed that the incident warranted stringent punishment, the BCTN decided to let off the errant advocates this time, instead opining that the 534 candidates who enrolled could donate at least Rs 1,000 towards the Chief Minister’s Relief Fund for Cyclone Gaja rehabilitation efforts. The BCTN emphasised, that this measure is not mandatory, only discretionary..However, the BCTN has made it clear that future violations will not be treated lightly. The order emphases that such errant lawyers would be made subject to disciplinary proceedings and disqualification, if violations were to happen in the future..In another order passed the same day, the BCTN authorities have also penalised eleven enrolled advocates for affixing posters in and around the High Court and throughout the state “as if they have served for this country” and causing fear and confusion in the minds of the common public, as if they are part of the Bar Council. .For violating the Code of Conduct applicable to advocates, which bars such self-glorification/advertisement, the BCTN has directed the errant advocates to pay a sum of Rs 10,000 towards the Bar Council Welfare Fund, apart from tendering an apology. The order observes,.“It is very painful to note that even before the commencement of their profession they have behaved in such a manner creating ugly atmosphere to the society…A lawyer is a person who should be fearless in putting forth grievances of his clients alone to the Court and not meant for blowing his own trumpet as it is not only against the equal professional interest of all other Advocates but also against the interest of the public…....if mercy is shown there will be no end for this type of violation and we cannot draw a line after line to bring every other stake within the permissible limits, which definitely affect the basic feature of the Indian Constitutional structure.“.Read the BCTN orders: