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2025 Supreme(Online)(Mad) 67040

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, G. ARUL MURUGAN, JJ
G.Sivakumar – Appellant
Versus
The Bar Council of Tamil Nadu and Puducherry – Respondent
W.P.(MD)Nos.30229 of 2024 and 15388 of 2025 | W.M.P(MD)Nos.25431 to 25434 of 2024 and 11628 to 11632 of 2025



Advocates:
For the Appellants/Petitioners: Mr.M.S.Suresh Kumar
For the Respondents: Mr.K.R.Laxman, Mr.T.Lajapathy Roy, Mr.G.Karthik

Lawyers do not have the right to strike or boycott court proceedings, as such actions undermine the administration of justice and client rights, reaffirmed by the court's findings.

Headnote:(A) Constitution of India - Article 226 - Lawyers' conduct - Petitioner challenged the action of Nagarcoil Bar Association to debar him from membership and attending court proceedings. The Bar Association's refusal was based on alleged misconduct. Court emphasized the imperative of lawyers to maintain decorum and uphold judicial integrity, deeming the boycott illegal as per Apex Court mandates on lawyers' strikes. Resolved to reinstate petitioner's membership following Bar Association's dropping of charges upon a written apology. (Paras 2, 5, 10, 29)

(B) Professional ethics - The legal profession does not permit strikes or boycotts as they contravene the administration of justice and client rights. (Paras 8, 18, 19)

Facts of the case:
The petitioner, a long-time practicing lawyer, was debarred by the Bar Association following his attendance at court during a boycott called due to advocacy misconduct concerns. Allegations of his inappropriate behavior led to the suspension efforts from Bar Association.

Findings of Court:
The court ruled in favor of the petitioner's reinstatement, emphasizing the legal prohibitions against strikes and boycotts by lawyers and the need for a harmonious Bar environment.

Issues: The principal issues were the legality of the boycott declared by the Bar Association and the consequences of the petitioner's actions concerning his membership.

Ratio Decidendi: The court reinforced that any boycott by advocates undermines public confidence in the profession, and described strikes as an obstruction to justice, necessitating adherence to law without disruption.

Result: Writ petitions allowed; impugned orders set aside.

Table of Content
1. petitioner's challenges to bar association actions. (Para 1 , 2)
2. disputed conduct and behavior within bar association. (Para 3 , 4 , 5)
3. court allows resumption of membership considering misconduct claims. (Para 6 , 7)
4. legal profession's duties towards clients and justice system. (Para 8 , 9)
5. judicial stance on strikes/boycotts by advocates. (Para 10 , 11 , 12 , 13 , 14)
6. legal system integrity threatened by strikes, calls for reforms. (Para 15 , 16 , 17 , 18)
7. consequences of strikes/boycotts on justice delivery. (Para 19 , 20)
8. judicial obligation to proceed despite strikes by advocates. (Para 21 , 22)
9. advocates' commitment to justice outweighs calls for boycotts. (Para 23 , 24 , 25)
10. advice to bar associations on maintaining professionalism. (Para 26 , 27)
11. directions for bar associations to follow the supreme court guidelines. (Para 28 , 29)
12. judgment concludes with the resolution of the writ petitions. (Para 30)
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ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.)

The writs on hand have been instituted challenging the validity of the action initiated by the Nagarcoil Bar Association debarring the petitioner from entering into the Bar Association premises and withdrawing his name from the list of members of the said Association.

2.The petitioner states that he is a practicing lawyer and enrolled himself as an advocate with the Bar Council of Tamil Nadu and Puducherry and his enrollment number is 744/1995. The petitioner is practicing legal profession for about 3 decades. The Nagarcoil Bar Association convened a general body meeting and resolved to boycott Courts and abstain from appearing before the Courts in Kanyakumari District on 18.11.2024, 21.11.2024 and 22.11.2024. The reason for declaring boycott was that an Advocate from Hosur in Krishnagiri District was murdered by an Advocate Clerk. The petitioner states that he attended in the Court proceedings and defended his client before the District Court premises at Nagarcoil. He was teased by other Advocates and the petitioner states that he was ill-treated.

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3.The learned Senior Counsel appearing on behalf of the second respondent, Nagarcoil Bar Association would oppose by stating that the conduct of the petitioner in the Bar Association is not in accordance with the bylaws. He used to disrespect the members of the Bar Association and he has committed certain misconducts and action was initiated against him by Nagarcoil Bar Association. The petitioner appeared before Judicial Magistrate-II, Nagarcoil, on 21.11.2024 and no one prevented him from attending the Court proceedings.

4.Allegations and counter allegations are made between the petitioner and the Nagarcoil Bar Association. Such disputed facts need not be adjudicated in the present writ proceedings. It is for the parties to resolve the same. Considering the incident that had happened in 2024, this Court is of the considered view that the brotherhood between the lawyers are to be maintained in the interest of judicial administration as they are the first Officers of the Court. They are not expected to pick up quarrel on flimsy grounds. Abstaining Court proceedings is an illegal act as declared by the Hon'ble Supreme Court of India in several judgments. Law relating to boycotts are no more res integra and settled by the Apex Court. When a particular Bar Association declared boycott, few advocates participated in Court proceedings are either ill-treated or prevented from attending the Court proceedings, which is the common complaint raised by the Advocates, who all are interested in attending the Court proceedings. Nagarcoil Bar Association is a recognized Bar Association by the Bar Council of Tamil Nadu and Puducherry. They are expected to maintain good conduct towards its members in order to maintain peace and tranquility and unity in order to protect the rights and interests of the lawyers and to maintain judicial decipline so as to win the confidence of the public at large.

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