Madras High Court: M. Dhandapani, J., stated that the Court has noticed where the legal fraternity has indulged in some high-handed activity against the law enforcing agency.
It has been stated that amidst pandemic, health workers and uniformed services have been performing arduous duty with due diligence and with scant care for their health and well-being. Each and every common man throughout the country had recognized and applauded their efforts, yet a few miscreants, who, with scant respect to the work done by law enforcing agency, indulge in a tussle with police personnel.
Additionally, it was stated that some miscreants of the legal fraternity also do fall in the above-stated league.
Society has witnessed very many instances of the legal fraternity indulging in war of words as also scuffle with the police personnel, but most of the times, the members of the legal fraternity do keep themselves within the bounds of law.
No Mechanism for unruly behaviour of members of the legal fraternity?
For unruly and indiscipline behaviour, other persons, who work for one or other arm of the Government, mechanism of disciplinary action is contemplated under the relevant Acts and Rules governing the service, yet, when it comes to the legal fraternity, the initiative and control vests on the Bar Council of Tamil Nadu, to take appropriate action against such of those unruly advocates who involve themselves in these kinds of acts, which demeans the profession.
However, the mechanism that is in place to take action against such individuals, who involve themselves in indisciplined acts and misbehave with the officials on duty, are not clearly spelt out by the Bar Council of Tamil Nadu.
High Court directed the authorized officer of Bar Council of Tamil Nadu to file an appropriate status report before this Court as to the mechanism that is in place for taking action against the members of the legal fraternity as also the action that has been taken against such of those advocates, who have misbehaved in the public place with officials on duty.[Tanuja Rajan v. State, 2021 SCC OnLine Mad 2203, decided on 15-06-2021]
Advocates before the Court:
For Petitioner: Mr. Louisal Ramesh
For Respondent: Mr. A. Gopinath Government Advocate (Crl. side)