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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, C.Kumarappan, JJ.
K.Arivalagan - Petitioner
Versus
The Registrar, Disciplinary Committee, Bar Council of Tamil Nadu and Puducherry and ors. – Respondents
WP.No.1880 of 2023 and WMP.No.1984 of 2023
Decided On : 11-06-2024
CERTIORARI - DISCIPLINARY COMMITTEE - The court addressed the legality and jurisdiction of the complaint pending before the Disciplinary Committee, emphasizing the transfer of the case to the Bar Council of India under Section 36B of The Advocates Act, which allowed the petitioner to defend his case at the appropriate forum.
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking to quash a complaint pending before the Disciplinary Committee, claiming it was illegal and without jurisdiction.
Finding of the Court:
The court noted that the case had been transferred to the Bar Council of India, allowing the petitioner to pursue his defense there, thus rendering the writ petition unnecessary.
Issues: Whether the complaint pending before the Disciplinary Committee was illegal and without jurisdiction.
Ratio Decidendi: The court determined that the transfer of the case to the Bar Council of India under Section 36B of The Advocates Act provided the petitioner with the appropriate legal avenue to address his grievances.
Result: The writ petition was disposed of, with no costs imposed, and the connected WMP was closed.
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Certiorari, to call for the entire records of the complaint in DCC.No. 181 of 2022, pending before the 1st respondent/ Disciplinary Committee-X, and to quash the same as illegal, without jurisdiction and pass such other further relief as this Hon'ble Court may deem fit and proper.
Mr.C.K.Chandrasekaran, learned counsel appearing on behalf of the Bar Council of Tamil Nadu would submit the petitioner is the complainant. The case of the petitioner has been transferred to the Bar Council of India on 26.07.2023 under Section 36B of The Advocates Act. Thus, the petitioner is at liberty to defend his case before the Bar Council of India.
2. With the above observations, this writ petition stands disposed of. No costs. Consequently, connected WMP is also closed.
The transfer of a disciplinary complaint to the Bar Council of India under Section 36B of The Advocates Act allows the complainant to pursue their case in the appropriate legal forum.
The transfer of a complaint to the Bar Council of India under Section 36B of the Advocates Act establishes the appropriate jurisdiction for disciplinary matters involving advocates.
The transfer of complaints under Section 36B of The Advocates Act to the Bar Council of India is a procedural safeguard that allows for proper adjudication of grievances against advocates.
Judicial review by the High Court does not extend to adjudicating the merits of disciplinary complaints against lawyers, which must be handled by the Bar Council.
A writ of Mandamus is not necessary when the complainant has the option to pursue the matter before a different authority, as per the provisions of the Advocates Act.
The necessity to exhaust statutory appellate remedies before seeking judicial review in disciplinary matters under the Advocates Act, 1961.
The necessity to exhaust statutory appeal remedies under the Advocates Act before seeking judicial review is a fundamental principle in legal proceedings concerning disciplinary actions.
The court affirmed that the Bar Council's decision to drop a complaint is valid and that aggrieved parties have the right to seek further recourse through established legal channels.
A prima facie opinion by the Bar Council is not subject to judicial review unless it is shown to be issued by an incompetent authority or is tainted with malafides.
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