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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN, JJ.
M.Sheik Mohammed Ali – Appellant
Versus
The Bar Council of Tamil Nadu – Respondent
WP.No.9764 of 2022 and WMP.No.9480 of 2022
Decided on : 11-06-2024
CERTIORARI - BAR COUNCIL RESOLUTION - The court dismissed the writ petition challenging the resolution of the Bar Council of Tamil Nadu, emphasizing the petitioner's right to approach the Bar Council of India for further action as per Section 36B of The Advocates Act, thereby affirming the procedural transfer of the complaint and the jurisdiction of the Bar Council of India.
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution of India to quash a resolution passed by the Bar Council of Tamil Nadu regarding a complaint against him, which had been transferred to the Bar Council of India.
Finding of the Court:
The court found that the complaint had been properly transferred to the Bar Council of India for further action, and the petitioner was free to defend his case there.
Issues: Whether the resolution of the Bar Council of Tamil Nadu could be quashed and if the petitioner had the right to challenge the resolution in the current writ petition.
Ratio Decidendi: The court held that the transfer of the complaint to the Bar Council of India under Section 36B of The Advocates Act was valid, and the petitioner had the option to pursue his defense before the appropriate authority.
Result: The writ petition was dismissed, and no costs were awarded.
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Certiorari, calling for the records of the 1st respondent in D.C.C.No.173 of 2021 dated 25.10.2021 of the resolution no.169 of 2021 dated 30.07.2021 and quash his resolution passed by the Bar Council of Tamil Nadu and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
Mr.C.K.Chandrasekaran, learned counsel appearing on behalf of the Bar Council of Tamil Nadu would submit that the complaint in D.C.C.No.173 of 2021 has already been transferred to the Bar Council of India for further action on 16.11.2022 under Section 36B of The Advocates Act. Thus, the petitioner is at liberty to approach the Bar Council of India for the purpose of defending his case.
2. With the above observations, this writ petition stands dismissed. No costs. Consequently, connected WMP is also closed.
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.
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.
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.
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 available statutory remedies before seeking judicial intervention in matters concerning the Bar Council's decisions.
The necessity to exhaust statutory appellate remedies before seeking judicial review in disciplinary matters under the Advocates Act, 1961.
The court affirmed the right of a petitioner to seek a revision under Section 48A of The Advocates Act when a complaint is dropped by the Bar Council, emphasizing adherence to due process.
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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