The Madurai bench of Madras High Court on Monday has directed the Bar Council of Tamil Nadu and Puducherry to take appropriate action against Nagercoil Bar Association for calling for a strike in support of the farmers under section 14 (a) of the Tamil Nadu Advocates’ Welfare Fund Act, 1987. The bench came to rescue an advocate who was suspended by the Nagercoil Bar Association because he has denied participating in the court boycott announced by the association on December 8.
The bench comprised of Justice N Kirubakaran and Justice B Pugalendhi observed that the legal profession is a noble one where advocates are supposed to discharge their duties not only towards their client but also toward society. As per the court, the Bar Leaders were neither the Political leaders nor the labour leaders, so their action of calling for a strike for supporting the farmers is illegal as per the Supreme Court Judgments.
“However, nowadays, quite often, Advocates are indulging in strikes and disturbing the functioning of Courts. Even for political reasons, some of the Associations are indulging in boycotts, according to the political affinity or communal affiliations and various other reasons. This results in affecting not only the rights of the litigants but also the Advocates, who are ready to discharge their statutory duty as per the Advocates Act and the Bar Council Rules.”, the court said.
The petition was filed by G Sivakumar of Kanyakumari challenging the action of the Nagercoil Bar Association.
The court observes,
“Legal profession is a noble profession, where advocates are supposed to discharge their duties not only towards their clients but also to the society. However, nowadays, advocates are indulging in strikes and are disturbing the functioning of courts, contrary to the Supreme court’s judgments. This affects the justice delivery system, which is one of the limbs of the State, apart from Legislative and Executive.”
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