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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, M.JOTHIRAMAN, JJ
D. Alexis Sudhakar – Appellant
Versus
Bar Council of Tamil Nadu and Puducherry, Represented by the Secretary, Bar Council of Tamil Nadu and Puducherry, High Court Campus – Respondent
ORDER :
[S.M. SUBRAMANIAM, J.]
The order of suspension dated 09.07.2024, suspending the practise of the petitioner as a lawyer by the Bar Council of Tamil Nadu and Puducherry, is sought to be assailed in the present writ petition.
2. The petitioner states that he is a practising advocate of the High Court of Madras, with enrolment No.269 of 2009. The Bar Council of Tamil Nadu issued the impugned Prohibitory Order vide Resolution No.683 of 2024, dated 05.07.2024. This was based on the complaint received from the Superintendent of Police, Chengalpattu stating that criminal cases had been registered against the petitioner in Crime No.334 of 2024 under Sections 294(b), 353, 307 and 506(ii) of Indian Penal Code (IPC) read with Section 25(1A) of Arms Act, 1959, @ 294(b), 353, 307, 506(ii) and 34 of IPC read with Section 25(1A), 25(1AA), 27(2) of Arms Act, 1959 on the file of the Mamallapuram Police Station.
3. The complaint reveals that the petitioner allegedly supplied firearm and ammunition to a notorious history-sheeter rowdy named Sathya @ Sirkazhi Sathya, who attempted to fire at a Police Personnel during a vehicle check-up on East Coast Road (ECR) on 28.06.2024. In connection with this
The court upheld the Bar Council's authority to suspend an advocate's practice during disciplinary proceedings based on serious criminal allegations, emphasizing the need for maintaining professional....
The court mandated strict scrutiny of advocate enrollment applications, particularly for those with pending criminal cases or bogus qualifications, emphasizing the need for integrity in the legal pro....
The Bar Council lacks the authority to impose interim suspension on an Advocate pending disciplinary proceedings, as per the Advocates Act, 1961, which mandates adherence to due process and principle....
The right to practice law must adhere to explicit legislative provisions, where judicial directives cannot impose additional disqualifications beyond those established in statutes.
The pendency of a criminal case against an applicant serves as a bar to enrollment as an advocate before the Bar Council.
The court quashed disciplinary proceedings against a lawyer, finding the complaint to be frivolous and lacking merit, with no professional relationship between the complainant and the petitioner.
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