April 18, 2017
The Debarred Advocates of Tamil Nadu
THE CHAIRMAN/SECRETARY OF BAR COUNCIL
THE PRESIDENT/SECRETARY, BAR ASSOCIATION
Sub: Request to save 25 advocates of Tamil Nadu – Pass Resolution to that effect
1.We, the under signed debarred advocates of Tamil Nadu have been placed under suspension since 22nd of September 2015, for the first time in the History of Bar Council of India without any notice or enquiry. All the Bar Associations in Tamil Nadu and Pudhucherry are almost facing undeclared emergency since September 2015. Madras High Court Advocates Association was issued with notice to identity the Advocates with photographs, who are all participated in the General Body meeting held for discussing the issue of suspension of Advocates. The Advocates are imposed with threat of disciplinary action and their constitutional right to conduct a General Body meeting is totally curbed.
2. The allegations made against us are that we restored agitation for social cause and boycotted the courts based on the resolution passed by the respective Bar Association. Thereafter disciplinary proceedings was initiated and 7 Advocates were removed from the State Roll, 9 Advocates were suspended from practice for 3 years and 9 Advocates suspended from practice for one year.
3. Now, all the 25 advocates filed appeal before the Disciplinary Committee, Bar Council of India and they are pending before the Committee headed Mr.Justice (Retd) Mihir Kumar Jha of Patna High Court, who is also holding the post of Judicial member of Bihar Lokayukta. On 18.02.2017 when the appeals were came up for hearing of stay application for first time, the Committee has not considered by observing that the consideration of the stay petition will amount to allow the appeal. The attitude of the Committee will disclose the biased mind of the Chairman of the Disciplinary Committee towards Advocate Community and democratic way of public protest.
4. It is pertinent to note here that the routine procedure in the Bar Council of India in dealing with the appeals is that stay will be granted at the first hearing and then the matter would be referred to the Disciplinary Committee for adjudication. Apart from that the BCI constituted the committee headed by the Retd. Judge itself illegal and in violation of section 9 of the Advocates Act.
5. It is for your appraisal that all the debarred advocates are under severe mental stress and we are struggling to withstand our day-to-day existence and all of us
have totally lost our livelihood bar practice. It is true to state here that the legal fraternity of Tamilnadu felt that the imposition of severe punishment is nothing but death penalty. It is painful to note here that after independence, lifetime bar is imposed only against the advocates of Tamilnadu for their agitation wholly under public interest.
6. Under the above circumstances, presently the Bar Council of India conducted its meetings and passed resolutions against the Law Commission not only to go for agitation and boycott, but also to burn the copy of the recommendation of Central Law Commission of India. It is also the call of the BCI even the advocates shall prepare to go to jail by resisting the recommendation of Law Commission. When we welcoming the same, it is to be taken note of that the Advocates of Tamil Nadu who resorted democratic way of agitations for social cause are removed from their roll by the Disciplinary Committees of Bar Council of Karnataka and Bar Council of Tamil Nadu and Pudhucherry at the instance of BCI and Judiciary. In order to create a bad precedent which is now the Law Commission has introduced by way of its proposed amendments.
7. It is for your kind appraisal that all the proposed amendments are already implemented in the case of Tamil Nadu Advocates in a biased manner for the past two years. Hence it is just and necessary that the BCI should withdraw the action taken against the Advocates of Tamil Nadu unconditionally before its call for protest against the recommendation of the Law Commission
Therefore, we the undersigned debarred advocates request the legal fraternity of our nation to immediately intervene in the matter of Tamilnadu advocates and give your call to the BCI to withdraw the action taken against the advocates of Tamilnadu initiated by BCI unconditionally by invoking SECTION 36 OF THE ADVOCATES ACT, 1961by way of Passing Resolutions and address it to BCI and also to insist upon the same in the forthcoming BCI meetings and ensure Justice.
The Debarred Advocates of Tamil Nadu
C.M.ARUMUGAM, B.A., B.L.,
Plot No.384, K.K.Nagar, East 8th Street, Madurai-625 020, Tamil Nadu.
Mobile:09443393425, 09865348163. E.mail:email@example.com