Prolonged strike is a serious issue and if allowed to proceed, would paralyse functioning of judiciary.

(Prayer: Petition under Article 226 of the Constitution of India praying for the issuance of writ of Mandamus for the reasons as stated therein.)

K. Chandru, J.

The petitioner, Madras High Court Advocates' Association (for short, 'MHAA'), being a largest body of Advocates in India, has filed the writ petition seeking for a direction to the respondents to appoint a State Level Committee and District Level Committee pursuant to the recommendations made by this Court on 18.4.2006 to deal with exclusive problems between the Police and the lawyers.

2. The Association, represented by Mr.Paul Kanakaraj, sent a letter dated 26.7.2006 informing this Court about the three incidents relating to Police involving three Advocates. In that letter, the President of the Association also mentioned about the letter dated 18.4.2006 written by this Court to the Government about its desire to reconstitute the Committee both at the State level and District level to go into the complaints of Advocates against the Police officials and request was made to publish the same in the Government Gazette after the issuance of necessary G.O. in this regard.

3. On receipt of this letter, the matter was treated as suo motu writ petition and notice was ordered to the first and second respondents. In the meanwhile, one MO.Kandasamy Singh claiming to be the General Secretary of All India Advocates' Association (SC/ST/OBC & Minorities) got impleaded as the third respondent and Women Lawyers’ Association, represented by its Secretary Mrs.Kovi Ramalingam also got impleaded as the fourth respondent by order of this Court dated 05.9.2006. The State was directed to file a status report with reference to the three incidents pointed out by the petitioner Association.

4. After much delay, the report dated 05.9.2006 was filed by the Inspector General of Police (Administration), Chennai – 4. After refuting the allegations made against the Police, the Officer has stated that the Police officials have high regards for the Advocates and there has been a minor misunderstanding due to lack of identification or interference in the regular enquiry of investigation and if any complaint is brought to the notice of the Police officials, immediate action will be taken by them to redress their grievance.

5. We are not satisfied with the status report filed in the form of counter affidavit by the Inspector General of Police (Administration) and inspite of the fact that the matter was adjourned several times and the Government Pleader was directed to inform this Court about the status of the letter sent by the Registry to the Government, there has been no response. Under these circumstances, we decided to dispose of the writ petition on the merits of the case.

6. We have heard the arguments of Mr.Paul Kanakaraj, learned counsel appearing for the petitioner and Mrs.G.Sasidevi, learned counsel representing the fourth respondent Women Lawyers’ Association and Kandasamy Singh, third respondent herein as well as Mr.Raja Kalifullah, learned Government Pleader representing the State.

7. Genesis:

Resort by the Bar, to direct action including Court boycott on account of clashes between the Advocates and the Police in this State, is over three decades old. The attack against one Advocate V.Ayyadurai belonging to the Madurai Bar by the Deputy Inspector of Police in the Thirupparankundram Police Station in the year 1979 resulted in Madurai Bar going on direct action and the said issue spread all over the State and they did not even spare the High Court Advocates from being involved in the said protest. For the first time, the High Court Bar went on direct action paralyzing the entire system for nearly two months.

8. Justice C.J.R. Paul Commission:

8.1. On account of the State level agitation by the lawyers, the first respondent appointed Justice C.J.R. Paul, Judge of this Court, as a Commission of Inquiry under the Commission of Inquiry Act 1952 vide G.O.No.695 Public (Law and Order - A) Depart