The Hindu : Tamil Nadu News : Lawyers will face punishment for protests

Online edition of India's National Newspaper
Sunday, Aug 01, 2004

Tamil Nadu

Tamil Nadu

Lawyers will face punishment for protests

By A. Subramani

CHENNAI, JULY 31. Taking a serious view of court boycott, fast and rallies on court premises, the Madras High Court has decided to crack the whip.

All forms of agitations, including strike/boycott by advocates, rallies, fast and use of indecorous language in court halls and on premises have been banned with immediate effect. After introducing a 25-point conduct rules for lawyers, the court has armed itself with powers to ban up to one year the appearance of an advocate who violates the rules. These have been gazetted.

While the first rule said no advocate should obstruct court proceedings, another cautioned advocates against obstructing others from entering court halls or premises. "No advocate shall obstruct the entry into the court premises or court halls of any other member of the Bar or litigant public who come to discharge their professional duty of appearing in court and assisting the court in the administration of justice."

The rules clarified that even if these forms of "misconduct" were committed against a single or Division Bench or a larger Bench, it would be "construed as misconduct against the entire High Court."

Banning advocates from "undertaking fast inside or within the precincts of the court," another rule said: "No advocate shall hold demonstration, procession, etc., on the court premises causing disturbance to court proceedings." Advocates were also cautioned against storming courtrooms and disturbing the proceedings. They should not publish or circulate or issue any material or bills containing "false, scurrilous or scandalous matters as regards courts."

Other banned acts

Through other rules, the administration banned "incivility, rudeness or disrespectful conduct" towards the presiding judge; speaking ill of the judges or making disparaging remarks about court proceedings; using either written or spoken language reflecting unjustly on the character or integrity of the presiding judge either inside or outside the court; and levelling charges of bribery against a presiding judge knowing well that they were false or that they could not be sustained.

The administration also made it clear that advocates committed for contempt of court would not be permitted to practise in any court during the duration of the punishment. Also, advocates against whom an order of "stoppage of appearance" was passed by the High Court would not be entitled to enter the precincts of any court.

Reasonable opportunity

The notification, however, said "stoppage of appearance" up to one year would be imposed after reasonable opportunity was given to the advocate concerned to explain his/her stand. The administrative committee of the High Court, empowered to immediately restrict the entry of an erring advocate, shall inquire into the misconduct and pass orders within two months.

If misconduct is committed against a subordinate court, it shall report to the High Court for appropriate action.

These rules regulating the practice of advocates before all courts in Tamil Nadu have been introduced by the Registrar-General under powers conferred by Section 34(1) of the Advocates Act.

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