Zero tolerance towards advocates whose conduct spoils image of legal profession: Madras High Court

There will be zero tolerance towards advocates who indulge in activities that would spoil the image of the legal profession, the Madras High Court said on Monday, while dealing with a case involving allegations of land grabbing by certain lawyers (PS Kirubakaran v. The Commissioner of Police, Vepery and ors)..The Court was dealing with a writ petition that involved allegations that a collective of persons, including advocates, had attempted to break the lock over certain property in a bid to take forcible possession over the same. The case prompted Justice N Anand Venkatesh to emphasise, .“When it comes to the conduct of the advocates, there will be zero tolerance shown by this Court and this Court has to ensure that the activities of some of the advocates do not spoil the image of the entire profession,” Justice Anand Venkatesh emphasised..With the police also showing reluctance to act against the delinquent group, the petitioner had approached the High Court for relief..“This is the third occasion, in the last one month, where the notice of this Court has been drawn to the advocates indulging themselves in criminal activities by forming part of an unlawful assembly and making attempts to grab properties,” the Court remarked..Justice Venkatesh observed that while such practices were prevalent in the past, the situation was brought under control due to stringent action by the Court and by suspending advocates found indulging in such conduct..However, he went on to comment that during the COVID-19 lockdown period, the despicable practice appears to have been revived “and once again some advocates are indulging in illegal activities of grabbing properties.”.Upon noting that photographs in the case files also revealed the participation of some advocates in such activities in this case, the judge said that “it is high time that this Court again comes down heavily and stop such activities before it goes out of control.”.The Court, therefore, decided to refer the matter to the State Bar Council for further action, while also ordering the concerning authority to provide necessary protection for the petitioner’s property..Towards this end, the Court called for the authorities to analyse the photos and video footage available and to submit a list of names of the advocates who had gathered at the disputed property site. The report so submitted would form the basis for the Court to give a complaint to the Bar Council of Tamil Nadu and Puducherry, Justice Venkatesh said..The case has been listed “for orders” on March 2..The matter relates to a case filed citing various offences including Sections 419, 420 (cheating), 467-468 (to do with forgery), 120B (conspiracy) and 109 (bribery) of the Indian Penal Code (IPC)..After an anticipatory bail application in the case was dismissed, the accused was arrested. Thereafter, he was also detained under the Tamil Nadu Goondas Act by a September 2020 order..However, it is alleged that the accused was still able to instigate persons on his behalf, including the group that is alleged to have attempted to grab the land. Today’s order states that proceedings for perjury were also initiated against the said person on an earlier occasion..Last December, another Bench of the Madras High Court had expressed anguish that, "people claiming to be advocates dressed up in black and white also act, like 'paid hooligans' to grab the properties with the connivance of land grabbers.".Unfortunate that some claiming to be advocates act like ''paid hooligans'' to grab land: Madras High Court.At the time, the Court had also opined that a law should be introduced specifically against land grabbing and sought the State's response on the proposal.