The court emphasized the importance of investigating forged documents, removing a member facing criminal charges from a responsible post in the Bar Council, verifying documents registered by the individual, and restraining encumbrance over the property.

JUDGMENT

(Prayer - To issue a Writ of Habeas Corpus Petition to direct the 2nd respondent to produce my adopted son namely A.P. Dheeraj Maal, 17 Age S/O. Late Pandurangan who is illegally detained in the hands of the respondents 3 and 4, before this Hon’ble Court and hand over the petitioner and set him at Liberty.)

S. Vaidyanathan, J. & A.D. Jagadish Chandira, J.

When the matter is taken up for hearing, it is represented by the learned Additional Public Prosecutor that pursuant to the orders of this Court dated 10.08.2022, the 4th respondent, a fake Lawyer has been arrested on 15.08.2022 and remanded to judicial custody. It is further represented that the Investigation Officer has been taking steps for Police custody of the 4th respondent in order to cull out the truth. It is also represented that during preliminary enquiry, the 3rd respondent and her husband are also hand in glove with the 4th respondent in creating forged documents in respect of the petitioner and others. Further, it was brought to our attention that apprehending arrest, Ramya / 3rd respondent and others have consumed poison and were admitted in the Rajiv Gandhi Government Hospital, Chennai for treatment and they are now out of danger.

2. Learned Additional Public Prosecutor has pointed out that as directed by this Court, the key has not been handed over to the Assistant Commissioner of Police. The Assistant Commissioner of Police shall collect the keys and hand it over to the petitioner.

3. Upon perusal of one of the documents, namely, Power of Attorney, it is seen that G.Pandurangam, father of the detenue (Aadhar No.2032 2116 7193) is said to have executed a Power of Attorney in favour of one C.Sri Muruga (Aadhar No.6168 1551 8297) who is a Bar Council member and Babu @ Babu Sanjeevi (Aadhar No.2071 5610 7825). During the course of argument, we found that the 4th respondent has also colluded with the said C.Sri Muruga. Therefore, we had instructed Amalraj, Chairman of the Bar Council of Tamil Nadu and Puducherry to be present before this Court. We are also appraised of the fact that there is an order passed by this Court against C.Sri Muruga and police is yet to secure him in obedience to the said order. It also came to light of this Court that C.Sri Muruga is a member of Enrollment Committee and Disciplinary Committee of the Bar Council of Tamil Nadu and Puducherry. It is very unfortunate that a person, who is facing criminal charges is allowed to hold a responsible post in various Committees of the Council, ignoring the fact that this profession alone is regarded as the noblest one, by calling Advocates as Gentlemen.

4. Thiru.Amalraj, Chairman, Bar Council of Tamil Nadu and Puducherry has stated across the Bar that unanimously, the Members of the Bar Council have decided to remove C.Sri Muruga and Mr.T.Michael Stains Prabhu from the Enrollment Committee and Disciplinary Committee. It was also informed that both of them have already resigned from their respective posts and a meeting is tentatively scheduled to be held on 26.08.2022 for the purpose of selecting fresh persons to the Committees.

5. It is needless to mention that in case of any Advocate, who is a member of the Bar Council, facing a criminal case, he shall not hold such post till he is exonerated from the charges completely by the Appropriate Forum. The Bar Council of Tamil Nadu and Puducherry is directed to verify the conduct of C.Sri Muruga, whose act comes under the purview of moral turpitude. It is directed that the Bar Council of Tamil Nadu and Puducherry, before permitting an Advocate to hold a significant post in the Statutory Committees, much less Enrollment and Disciplinary Committees, shall verify his/her antecedents without giving any room for such appointments.

6. Further, this Court directs the Inspector General of Registration to communicate all the Sub Registrars' Office situated in the State of Tamil Nadu by way of a Circular, the names of the above persons and collect the details as