Bar associations can't prevent advocates from appearing before courts: Madras High Court

The Madras High Court recently stated that bar associations had no power to prevent advocates from appearing before a court of law under nay circumstances..A Bench of Justices SM Subramaniam and C Kumarappan set aside an order passed by the Tambaram Bar Association in Chennai that suspended an advocate who had attended court proceedings despite there being a call by the Association for boycott of court work that day..Senior Advocate G Karthikeyan, appearing for the suspended advocate V Senthil, told the Bench that his client had been suspended merely because he had attended court proceedings despite the Association's decision to call a strike. Such suspension order, Karthikeyan argued, offended his client’s basic right to practice law.Advocate P Santhaseelan, who appeared for the Tambaram Bar Association, told the Court that Senthil had been frequently causing inconvenience to the members of the Association. Thus, the decision to suspend him had been taken under “compelling circumstances.”.The High Court, however, said that the Advocates Act gave a right to all lawyers to practice before a court of law and such right cannot be taken away through suspension of membership from a bar association.“May that as it be, the Bar Association is not empowered to prevent or restrain any Advocate from appearing before the Courts. Practice of Law is a fundamental right enunciated under the Constitution. Advocates Act also provides right to Lawyers to practice before all the Courts. Such right cannot be taken away by merely suspending a Member of the Bar Association or causing inconvenience to him from practising Law in Court premises."It added, however, that advocates must maintain “cordial relations” with members of bar associations to ensure that functioning of the court was not obstructed..“In view of the facts and circumstances, we find that the impugned order passed by the Bar Council, Tambaram is unnecessary and such attempt hereinafter to be avoided by the Bar Association. Freedom of speech and practice being basic right, the Members of the Bar Association is expected to respect the rights of others. While demanding right correspondingly duties are to be reminded,” the Court said..[Read Order]