Greeva Garg –
The Madras High Court while dismissing a lawyer’s anticipatory bail plea over an alleged Covid-19 lockdown violation observed that, the Advocates are not above the Law and Bar Council should initiate Suo moto disciplinary actions against advocates who abject the legal fraternity with unruly conduct in public.
In the matter of Tanuja Rajan and Anr. v. State, the Court held that, “Usage of the position of advocate aside from important causes is nothing but an act of corrupt nature, which needs to be impeded by the sword held in the hands of the statue of Justice.”
A single bench headed by Justice M Dhandapani directed the Bar Council to initiate Suo moto action upon such incidents without waiting for any formal written complaint.
“Though this Court cannot give any positive direction to the Bar Council to do one thing or the other, as it is not vested with jurisdiction … “It is high time the Bar Council enforces Section 35 of the Advocates Act, which gives it the power and authority to initiate action Suo motu on the incident, which comes to its knowledge through the digital/print media, for which there is no complaint given by any individual,” the order said.
The case became a matter of big deal after the video footage of an altercation between the lawyer and the police were circulated online, in which the lawyer is seen without a mask, threatening to strip the police officer of his uniform.
The Court stated that, “An advocate is also a citizen, as common as all the other persons, they are not above the law.”
The Court also observed that, Advocates are the custodian of the law and they are found to maintain legal fraternity, they should not take the law into their hands and undermine its value.
In the same order, Justice M Dhandapani initiated criminal contempt proceeding against another lawyer who circulated derogatory WhatsApp audio and video messages against the Judge.