CHENNAI: In a major crackdown for probably the first time in legal history, the Bar Council of India suspended 126 lawyers, including office bearers of various Bar Associations of Tamil Nadu, for going ahead with the strike against the Madras High Court notification amending Advocates Act despite requests to withdraw the protest.
The action was made public hours before the lawyers planned to picket the Madras High Court campus on Monday. The decision to suspend the lawyers, including 21 members of the Joint Action Committee which is spearheading the agitation against the new notification, was taken at the General Council of BCI held in New Delhi on Saturday.
In the resolution, the BCI said that it was very painful that the Indian legal profession is facing the darkest days of its history. The suspended lawyers include P Thirumalairajan, Chief Coordinator of JAC spearheading the agitation and its members Arivazhagan, M VeImurugan and Nalini. Fourteen lawyers from Dharmapuri, 13 from Coimbatore, 11 each from Ramanathapuram and Namakkal, 10 each from Tuticorin and Karur and 9 nine from Tiruchy were among those suspended by the Bar Council.
“For the last two months, most of the Bar Associations of the State of Tamil Nadu absented themselves from work and indulged in several kinds of unruly, indecent, arrogant activities which are most unbecoming of the conduct of an Advocate,” the resolution said.
The number of unruly elements in some Bar Associations increasing everyday and as per a survey conducted by this Council, there are about 500 such lawyers spread throughout the state who are creating all sorts of nuisances and disturbances in the Bar, the resolution said, adding that they are misleading the innocent common and sincere lawyers.
“The Council, therefore, resolves to suspend the following members of so-called Joint Action Committee and few other unruly members who are actively and regularly creating problem in administration of justice and in due discharge of the duties of the genuine practicing Lawyers,” the resolution said.
Blaming the lawyers for near-paralysis of work in the High Court for the last two months, the BCI said it has no other option than to put “these unruly Lawyers” under suspension.
“These persons shall not be allowed to practice in any Court or other forum and they shall not be treated as an Advocate for any purpose. The Council further resolves to initiate the disciplinary proceeding against these Lawyers for the aforementioned misconduct and the proceedings will be held at the places (Bar Councils),” the resolution said.
A few days ago, the BCI declared as illegal the strike and abstentions from court of lawyers in Tamil Nadu and warned the lawyers of suspension and disqualification from contesting any election to Bar Association or Bar Council.
They were criticised not only by the judiciary and the government but also by majority of members of the legal fraternity and public at large.
The common peace-loving and sincere advocates were also suffering besides the helpless litigants and therefore the BCI declared the strike as illegal. Despite warnings, the advocates association led by Joint Action Committee continued with the protest and proposed to gherao the HC on Monday. A large number of advocates from across the State have proposed to take part in the agitation.
We will face it legally, say suspended lawyers
Terming his suspension as well as that of 125 other lawyers from the Bar Council as ‘unnecessary’, Arivazhagan, Secretary, Madras High Court Advocates Association, said on Sunday night that they would face the suspension legally and vowed to continue the agitation in a peaceful manner.
“We have been conducting our agitation in a very peaceful manner and we will continue to do so. There was no need for the Bar Council to suspend so many lawyers. We will challenge it. We will face it (the suspension) legally,” Mr Arivazhagan told DC.
He also said the move was unnecessary and they will continue to hold their protest in a peaceful manner. “We will go ahead with the protest on Monday. There is no going back on that. The protest will be in a peaceful manner,” he said.
Another lawyer, Ms Nalini, President of Women Lawyers’ Association, said the Bar Council should have tried to find a solution to the problem rather than aggravating it by suspending a large number of lawyers.
“It is a wrong move. Only a fortnight ago, we had met the Chief Justice of India seeking his intervention to solve the issue. But unfortunately, the Bar Council has suspended us. We will not accept the suspension since we have been fighting for the right cause,” she said.
