The Hindu : Tamil Nadu News : Code suspended, campus stir banned

Online edition of India's National Newspaper
Friday, Aug 13, 2004

Tamil Nadu

Tamil Nadu

Code suspended, campus stir banned

By Our Staff Reporter

CHENNAI, AUG. 12. The First Bench of the Madras High Court today suspended its 25-point code of conduct for advocates but banned all forms of agitations including rallies, boycotts, fast, dharna and slogan-shouting on all court premises in Tamil Nadu.

Passing this order on a public interest litigation petition filed by an advocate, the Bench, consisting of the Chief Justice B. Subhashan Reddy and Justice S. Ashok Kumar, said a committee comprising the presidents of major bar associations and judges would go into the impugned code and suggest modifications. "Till the committee submits its report and a final decision is taken, the impugned rules framed and gazetted on July 30 stand suspended."

The judges said: "A committee is constituted with the presidents of the Madras High Court Advocates Association, the Bar Federation of Tamil Nadu and Pondicherry as also the Madras Bar Association, besides the Chairman of the Bar Council of Tamil Nadu and judges to be nominated by the Chief Justice."

The committee would consider the necessity of having a code for advocates within the rule-making power of the High Court under Section 34 of the Advocates Act, read with the law laid down by the Supreme Court "without encroaching upon the disciplinary powers of the Bar Council."

In the meantime, no advocate by himself or in association with others should undertake any boycott, fast, dharna, procession or indulge in violence or slogan-shouting on the campuses of any court in Tamil Nadu and Pondicherry.

In case of violation, the advocate(s) would be prevented from entering the court campuses, the Bench said. "The Registrar-General of the High Court and the presiding officers of subordinate courts shall implement the decision of preventing the advocates from indulging in any of these activities with the help of police officials. The advocates so prevented shall not be entitled to enter the campuses until a written undertaking is filed that they would not indulge in banned activities."

`Boycott a malady'

The judges, expressing concern over the practice of boycott "even for minor issues" in Tamil Nadu, pointed out, "boycott is not the solution. It is unconstitutional. The Supreme Court has directed High Courts to frame rules under Section 34 of the Advocates Act."

Explaining the circumstances which led to the drafting of the impugned code, they said, "the rules came to be framed because of the conferment of the rule-making power, particularly in view of the apex court directive touching upon the malady of boycott."

The judges said the ultimate sufferers of boycott were the litigant-public. "Advocates are not realising their responsibilities towards the courts and litigants." Describing the campus violence here on August 10 as the worst happening, they said a group of advocates took out rallies, terrorising women lawyers, women staff members of the court and even senior advocates.

The judges made it clear that the fresh initiative was necessary to ensure that such a situation did not recur. The matter has been posted for the period after a month for further hearing/orders.

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