The Hindu : Tamil Nadu News : Bar Associations resent action against lawyers

Online edition of India's National Newspaper
Thursday, Jul 06, 2006

Tamil Nadu

Tamil Nadu

Bar Associations resent action against lawyers

J. Venkatesan

New Delhi: The Supreme Court Bar Association (SCBA), the All India Bar Association (AIBA) and three State Bar Associations have resented the proceedings initiated by the Madras High Court against certain lawyers and others for taking out `pro-quota' rally inside the High Court campus.

During the summer vacation, lawyers under the banner of AIBA, led by its Vice President, S. Prabhakaran took out a procession in the High Court campus on May 18 and shouted slogans to implement the 27 per cent quota to other backward classes in higher educational institutions.

The High Court initiated suo motu contempt proceedings against Mr. Prabhakaran and others on the ground that they violated an order passed by the High Court on March 20 and the apex court order of August 20, 2004 relating to lawyers strike. Later the contempt petition was treated as a writ petition, which is listed for further hearing on July 7, when Mr. Prabhakaran was asked to remain present in the court.

In a statement, the President of the SCBA, M.N. Krishnamani said, "the High Court's move is clearly undemocratic. Like anti-reservationists had a fundamental right to express their voice under Article 19 (1) (a), pro-reservationists too have that right. Pro-reservation rallies and demonstrations are more in conformity with the constitutional provisions. While so, to prohibit a peaceful pro-reservation rally is suffocating democratic approach and method for social change."

He said, "the High Court should not have initiated suo motu contempt action. It is totally uncalled for." He said such a rally had no rational connection with Harish Uppal's case (in which the apex court had deprecated lawyers' strike) where the issue was totally different. "A peaceful procession is vastly different from strike", he said.

The Chairman of the AIBA, Adish C. Aggarwala, in a statement said the procession was peaceful.

"It is to be kept in mind that if advocates are curtailed from expressing their views and that too in such social reform issues, it strikes at the roots of democracy and is a threat to the very liberties inherent in the legal profession."

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