Bar Council should use suo motu powers against lawyers who demean legal fraternity even if no complaint is made: Madras High Court

The Madras High Court on Friday urged the Tamil Nadu Bar Council (TN Bar Council) to exercise its suo motu powers to act against lawyers found acting to demean or prejudice the legal fraternity even if no formal complaint is lodged (Tanuja Rajan @ Tanuja Kanthula and anr v. State). .Towards this end, Justice M Dhandapani asked the TN Bar Council, in consultation with the Bar Council of India (BCI), to consider evolving a mechanism for the initiation of suo motu proceedings against such erring lawyers.."The 2nd respondent (Tamil Nadu Bar Council), in consultation with the Bar Council of India, in the larger interest of the legal fraternity, shall look into the issue of evolving a mechanism for initiation of suo motu proceedings against such of those members, who indulge in activities, which are prejudicial and demeaning the interest of the legal fraternity as a whole", stated the order..The order was passed while dismissing an anticipatory bail plea moved by a lawyer in a case involving allegations of a COVID-19 lockdown violation and a verbal altercation with the police. ."Advocates not above law:" Madras High Court dismisses lawyer's anticipatory bail plea in case on altercation with police over lockdown violation.The case led the Court to express concern that the Bar Council seldom uses its suo motu powers under Section 35 of the Advocates' Act, 1961 (punishment of advocates for misconduct) to act against lawyers for unprofessional conduct or other misconduct in the absence of a complaint.."Any unprofessional conduct of a member of the legal profession, coming to the knowledge of the Bar Council through the visual media for which no complaint emanates from any quarter, can the Bar Council allow that instance to go unnoticed for the mere reason that the Advocates Act does not envisage suo motu action. Introspection is the need of the hour for the legal profession to survive and have its deep rooted traditions intact," the Court remarked. .It observed that instances of advocates going beyond their brief are on the increase, opining that the Bar Council should be more proactive in today's scenario the Court. "Though this Court cannot give any positive direction to the Bar Council to do one thing or the other, as it is not vested with jurisdiction ... it is high time the Bar Council enforces Section 35 of the Advocates Act, which gives it the power and authority to initiate action suo motu on the incidents, which comes to its knowledge through the digital/print media, for which there is no complaint given by any individual," the order said. .Madras High Court directs initiation of contempt against lawyer who allegedly circulated audio message against Justice M Dhandapani on WhatsApp.The Court further underscored that lawyers should not take law into their own hands since they are the custodians of law.."Advocates should not take law into their own hands on the premise that they are the custodian of law; on the contrary, the advocates being the custodian of law, are bound to act within the legal framework, even if there is violation of law and establish the rule of law through the well defined mechanism. Any deviation from the said act would take away the said individual out of the legal fraternity and brand them otherwise, which would be scar on the legal profession as also the individual, who is practicing the profession," the order stated..[Read Order]