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S. M. SUBRAMANIAM, C. KUMARAPPAN
K. Arivalagan – Appellant
Versus
Registrar, Disciplinary Committee, Bar Council of Tamil Nadu and Puducherry – Respondent
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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