HC orders action against Nagercoil Bar Association

“Bar leaders are neither labour leaders nor political leaders to call a strike. They are advocates belonging to a noble profession,” the Madurai Bench of the Madras High Court observed on Monday while directing the Bar Council of Tamil Nadu and Puducherry to take appropriate action against Nagercoil Bar Association for going on a strike.

The court was hearing the petition filed by advocate G. Sivakumar of Kanniyakumari district, a member of Nagercoil Bar Association. The association had called court boycott on December 8 in support of farmers protesting in Delhi. However, Mr. Sivakumar attended the court and argued a case before a Judicial Magistrate, in the interest of his client.

Irked by this, the association suspended the advocate’s membership, and issued a show cause notice to him. The petitioner was prevented from entering courts, and denied access to the association library and wash room. He sought action against the association for denying his rights.

Taken aback by the conduct of Bar Association members, a Division Bench of Justices N. Kirubakaran and B. Pugalendhi observed that advocates could not resort to strike under any circumstances since aggrieved public were approaching courts for relief. The Supreme Court had deprecated the practice of advocate abstaining from work.

As a result of boycotts, justice delivery system was affected. Legal profession was a noble profession and advocates were supposed to discharge their duties not only to their clients, but also to society. Some Bar Associations were indulging in boycotts according to their political or communal affinities, the judges said.

The court said this was not only affecting the rights of the litigants, but also advocates who were ready to discharge their duty as per the Advocates Act and the Bar Council Rules.

Taking into account the advocate was prevented from attending the court and there was a likelihood of him being abused and assaulted, the judges ordered police protection to him to attend court and use the Bar room. The case was adjourned till January 18.