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S. M. SUBRAMANIAM, C. KUMARAPPAN
M. Sheik Mohammed Ali – Appellant
Versus
Bar Council of Tamil Nadu – Respondent
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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