Mitali Palnitkar
Published On: January 21, 2022 at 16:38 IST
On January 19, 2022, an FIR (First Information Report) filed against an Advocate for Allegedly using unparliamentary language against Kamuthi Bar Association, Ramanthapuram district was Quashed by the Madras High Court.
The Court was hearing the Petition filed by S Ramanathan who sought to Quash the FIR, which was filed based on the Complaint of N Muniyasamy, the then Kamuthi Bar Association President.
The Petitioner had been booked under Section 294 (b) of the Indian Penal Code (IPC). A person is booked under Section 294 (b) IPC if one sings, recites or utters any obscene song, ballad or words in or near any public place.
The Petitioner’s Counsel stated that Muniyasamy had registered a Complaint against Ramanathan as the latter had complained against the former for Sexually Harassing a woman of the Court staff last year.
In December 2021, the Court looked into the matter and directed Bar Council of Tamil Nadu and Puducherry to initiate Disciplinary Action against Muniyasamy. After which, the Bar Council prohibited Muniyasamy from practicing as an Advocate until the Disciplinary Proceedings get disposed.
The Counsel also stated that a letter was sent to the Bar Association by the Petitioner Ramanathan expressing his sincere regrets for his words. The Petitioner would also be sending his unconditional apologies through another letter to all the members of the Kamuthi Bar Asssociation.
Justice GR Swaminathan noted that a voice message was sent by the Petitioner to his friend through WhatsApp in which remarks against the Bar Association were made. The friend had posted the message in the Bar Association’s WhatsApp group.
The Judge stated that it would not constitute an Offence under Section 294 (b) IPC as the voice message was a private communication. Therefore, the FIR was Quashed by the Judge. Also the Court directed the Petitioner to send a letter of apology to the members of the Bar Association