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Advocates can suggest changes to rules, says Chief Justice

Amendments framed keeping in mind illustrations given by SC.

Chennai: Making it clear there was consultative process at every stage with representatives of various advocates’ association while framing amendments to rules under Advocates Act, the Madras high court has said even now it is open to them to give comprehensive suggestions and the same will be considered.

Briefing press reporters on Friday, Chief Justice Sanjay Kishan Kaul said the amendments were not brought out in a single day. It was a year long deliberation by a three-member committee of high court judges. From June 2015 onwards, four meetings were held in which certain associations participated. After due deliberations, the committee placed the amendments before the Full Bench which finally approved it. Thereafter, the amendments to the rules were notified on May 25 this year.

He said the amendments to rules were framed keeping in mind the illustrations given by Supreme Court. The associations had enough time to move the Supreme Court, if they had any apprehension. “As Chief Justice of this court, I am responsible to comply with the directions of Supreme Court. The amendments were the verbatim of the Apex Court illustrations. The committee just reproduced it ”, he said.

He said none of the associations gave any suggestion or registered any apprehension during the meetings. The bar feels there was no consultative process. The Madras Bar Association, Women Lawyers’ Association, Law Association and Bar Council of Tamil Nadu attended all the four meetings.
The Madras high court advocates’ association attended two meetings. The MHAA president R.C. Paul Kanagaraj did not attend the final meeting.

Referring to the rally proposed by MHAA on June 6, Justice Kaul said in his opinion the rally was against the directions of Supreme Court, as the high court has only implemented what was mandated by the Apex Court.

“I do not understand why they are taking march. The rally is totally unnecessary. There is nine months of peace. Things are going well.” However, MHAA president, Paul Kanagaraj, claimed he attended the first two meetings without even knowing the agenda.

Moreover, the details of the amendments to rules, which were likely to be framed, were discussed during the two meetings, he told Deccan Chronicle.

( Source : Deccan Chronicle. )
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