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S. M. SUBRAMANIAM, C. KUMARAPPAN
(Suo Motu Taken-up WP) – Appellant
Versus
Bar Council of Tamil Nadu and Puducherry, Represented by its Secretary – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 to 4 to enquire and take appropriate disciplinary and criminal proceedings against the respondents 5 to 7 on the incident occurred on 18.10.2019 and submit a report before this Court.
The suo motu writ petition has been instituted based on the complaint sent to the High Court through post. The relief formulated in the suo motu writ petition is to direct the respondents 1 to 4 to take appropriate disciplinary and criminal proceedings against the respondents 5 to 7 on the incident occurred on 18.10.2019 and submit a Report before the High Court.
2. Mr.K.Balaji, learned Counsel appearing on behalf of the 6th respondent would submit that now the 6th respondent has not involved in any criminal cases and leading a peaceful life. He is practicing Lawyer by maintaining good conduct and in the manner known to law. Therefore, no further actions need not be initiated.
3. Mr.S.Vinothkumar, learned Government Advocate (Crl.side) appearing on behalf of the respondents 2 to 5 would submit that a status report has been filed by the Inspector of
The court affirmed the Bar Council's role in overseeing legal practitioners' conduct and the necessity of conducting inquiries into complaints to uphold legal standards.
The court established that the writ of mandamus cannot be used to compel law enforcement to act on pending criminal cases, and that complaints against advocates should be addressed through the Bar Co....
A writ of mandamus is not maintainable when the matter has already been adjudicated by the appropriate authority.
The court emphasized the importance of following proper procedures in disciplinary actions and criminal prosecutions based on reports and recommendations.
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