Lawyer’s License Suspended For Attending Court During Strike; HC Stays Suspension and Provides Police Protection

On Friday, the Madras High Court granted police protection to a lawyer who was suspended by the Bar association as he did not abide by the boycott which was called by the Association. The Court also reprimanded the Nagercoil Bar Association which had called the strike.

The Division Bench of the Court also put an interim stay on the lawyer’s suspension and allowed him to use the Bar Room and attend the Court.

Matter before the Court:

The lawyer Mr G Sivakumar told the Court about the grievance of his clients, and he also submitted that he was not allowed to enter the Court premises or use the Barroom.

He further stated that Respondent No.2( Nagercoil Bar Association) called for a boycott of Courts on 08/12/2020 due to farmer’s issue and the decision of boycott was circulated through social media.

However, the Advocate argued a case on 08/12/2020 before Judicial Magistrate, Nagercoil due to which he was suspended from the Nagercoil Bar Association.

The Bar association also issued a show-cause notice against him on 14/12/2020.

After that, the petitioner complained to the Bar Council of Tamil Nadu and Pondicherry and challenged the order passed by the Nagercoil Bar Association in the Madras High Court.

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Observation of the Court:-

The Court observed that Legal profession was a noble profession and the lawyers are supposed to discharge their duties towards the society as well as their clients but, theses days Advocates strike quite often and disturb the functioning of the Court.

The Court remarked that strikes are also called due to communal and political affiliations.

Such strikes affect not only litigants but also hinder Advocates who discharge their duties as per Bar Council Rules, and Advocates Act remarked the Court.

Hon’ble Court further observed that Bar leaders were neither political leaders nor labour leaders, and they should not call for strikes as they belong to a noble profession.

While referring to the instant case, the Court opined that Advocate Sivakumar only did his duty by attending the Court, and he was punished for the same by the Bar Association.

Order

The Court concluded that there is a chance that the lawyer might get assaulted or abused by the Bar members, and therefore the Court granted him police protection.

The Court also directed Bar Council of Tamil Nadu and Puducherry to take appropriate action against the Bar Council which cal the strike u/s 14A of Tamil Nadu Advocate Welfare Fund Act.

Next hearing in the case will be on 18.01.2021.

Case Details:-

Title: G. Sivakumar vs Bar Council of Tamil Nadu and Puducherry

Case No.:WP No.19293 of 2020 and W.M.P Nos.16096 and 16100 of 2020

Date of Order:18.12.2020

Coram: Hon’ble Justice N. Kirubakaran and Hon’ble Justice B. Pugalendhi

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