Chennai: The Bar Council of Tamil Nadu and Pondicherry (BCTP) has informed the Madras high court that it will keep it in abeyance its order, whereby the right or practice of 5,970 advocates has been suspended for alleged non-payment of subscription for the Advocates Welfare Fund.
Senior counsel Singaravelan, heading the Special Committee appointed by the Bar Council of India, to look after the affairs of BCTP, made this submission when a petition from the Madras HC Advocates Association (MHAA), challenging the order of the BCTP dated March 22, came up for hearing before a division bench comprising Justices N. Kirubakaran and R. Pongiappan on Tuesday.
Recording the same, the bench said senior counsel Singaravelan, member of the Special Committee appointed by the BCI fairly submitted that the order will be kept in abeyance for two weeks so that the affected advocates can come and pay the subscription amount, failing which, automatically, the order will revive.
Earlier, advocate P.V.S. Giridhar, appearing for MHAA submitted that the BCTP by its order dated March 22 had suspended 5,970 advocates from practicing. The MHAA has challenged the validity of the suspension. No adequate notice has been issued to the advocates before passing the order. Even in the order, nothing has been indicated as to whether notice has been issued to the advocates individually. It looks like a draconian measure. If an advocate pays the subscription he is entitled to the benefit under the scheme. If he does not pay, he will not be entitled to the benefit under the scheme.
It is not a case of misconduct or dishonesty. Four weeks time may be granted to enable the advocates to pay the amount, he added.
Referring to the question of maintainability of the petition, MHAA president G.Mohanakrishnan submitted that the association is fighting for the cause of the genuine advocates. Therefore, the petition is maintainable. For the last two years there was no boycott of courts. For the last two months, the MHAA had been conducting programmes, in which senior advocates were delivering lecturers to the advocates. The advocates are fully co-operating with the judiciary, he added.
Senior counsel Singaravelan submitted that the scheme was meant for the welfare of the advocates. The BCI has been pressurizing the BCTP to pay the arrears. Therefore, the BCTP gave notices to the advocates, who failed to pay the subscription to the Advocates welfare fund, individually as well as through bar associations. Nearly eight times, notices were issued. But there was no response from them. Most of them have not furnished the full particulars of their address. The BCTP even want to see their face and find out whether they are genuine advocates. Of the 5,970 advocates, only 12 advocates turned up and paid the subscription amount. Even the order says the suspension is till they make the payment. Once, if the make the payment, automatically, the suspension order will get vacated, he added.
In his petition, R.Krishnakumar, secretary of MHAA, challenged the validity of the notice dated March 22 issued by the BCTP, whereby the right of practice of 5,970 advocates in any court, Tribunal or other authority has been suspended in an unreasonable and arbitrary manner.
The bench posted to April 11, further hearing of the case.
