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Lawyers call for token court boycott

Special Correspondent

Move against imposition of service tax


  • Central Government move assailed
  • Plan to impose 12 per cent service tax on lawyers
  • "Additional burden will be ultimately borne by the litigant-public"

    CHENNAI: The Bar Council of Tamil Nadu, which is a statutory body entrusted with disciplinary powers, has joined other lawyers associations in calling for a token court boycott against the reported move to impose service tax on lawyers.

    The All-India Bar Association (AIBA), the Madras High Court Advocates Association (MHAA) and the Madurai Bar Association have assailed the Central Government for planning to impose 12 per cent service tax on lawyers, and have resolved to strike work on February 2.

    While the AIBA vice-chairman, S. Prabakaran, wanted lawyer-MPs to voice their opposition to the move, the MHAA president, R.C. Paul Kanagaraj, said the additional burden would be ultimately borne by the litigant-public. The Madurai Bar Association secretary, A.K. Ramasamy, said the ongoing agitation was against the attempt to tax the already heavily burdened lawyer community.

    The nature and purpose of the legal profession would not allow itself to be brought under the ambit of service tax, Mr. Prabakaran said, adding that advocates should not be treated like a businessman or any other professional. Mr. Paul Kanagaraj said lawyers should not be forced to pass on the 12 per cent additional burden to the litigants, and added that the MHAA office-bearers would meet Chief Minister M. Karunanidhi and seek his support.

    N.G.R. Prasad of the All-India Lawyers Union said the forum would not take a different stand on the matter as its members were members of the MHAA as well. People in authority should not wait till strike occurs, he said, adding, "strike takes place when other mechanisms fail."

    According to the Bar Council Chairman, R.K. Chandramohan, a resolution calling for one-day boycott of court proceedings in the State was adopted at a meeting of office-bearers of various bar associations convened by the Council here on Tuesday.

    The meet also resolved to meet leaders of political parties and seek their support for lawyers' opposition to service tax.

    In October 2006, recording a Bar Council advisory against lawyers resorting to court boycotts, the First Bench comprising Chief Justice A.P. Shah and Justice K. Chandru appreciated the gesture, and said: "We are happy to note that at last the Bar Council has realised its statutory duty, and has directed the advocates on its roll not to resort to any abstention of courts. We record our appreciation to the stand taken by the State Bar Council in this regard."

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