Independent Bar and Independent Bench

xx

My Lord, Backbone of Democracy?

Independent Bar and Independent Bench.

To preserve the very independence, the observance of constitutional values, mutual reverence and self-respect are absolutely necessary.

Lawyers must avoid corruption and collusion of any kind, false pleadings, twisting of facts. Honesty, dedication and hard work is the only source towards perfection.

The hunger for cheap publicity is increasing.

It has been seen from time to time that various attacks have been made on the Judicial System. It has become very common to the Members of the Bar to criticize Judges, commit sheer contempt, contempt of gravest form by attributing political colors to Judgments. In case an Advocate causes disrepute of the Judges, that is the most sinister and damaging act; such a person is definitely deadwood and deserves to be chopped off.”

My Lord, Independent Bar and Independent Bench?

Amended Rule 14A of The Rules of High Court of Madras, 1970 is ultra vires to Section 34 of The Advocates Act. Rule 14A provides for power to debar an Advocate from appearing before the High Court and the Subordinate Courts.

The debarment is sought to be done – not by way of exercising contempt jurisdiction – but by way disciplinary control – which is not permissible. The High Court is not authorized by The Advocates Act to frame such rules. High Courts, Supreme Court cannot take upon itself the disciplinary control as envisaged under The Advocates Act. It would amount to usurpation of the power of Bar Council.

The debarment cannot be ordered by the High Court until and unless the Advocate is prosecuted under The Contempt of Courts Act. We have no hesitation to hold that the High Court has overstretched and exceeded its power. Resultantly, we have no hesitation to strike down impugned Rules 14A to 14D as framed by The High Court of Madras.”

– Hon’ble Justice Arun MishraR. Muthukrishnan v. The Registrar General, High Court of Judicature at Madras, [Writ Petition (Civil) No. 612 of 2016].