Suo Motu Taken Up v. Bar Council Of Tamil Nadu And Puducherry,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE C.KUMARAPPAN (Suo Motu Taken-up WP) 1.
Bar Council of Tamil Nadu and Puducherry, Represented by its Secretary, High Court Building, Chennai - 600 104.
The Commissioner of Police, Greater Chennai Commissionerate, Vepery, Chennai - 600 007.
The Deputy Commissioner of Police, Anna Nagar, Chennai - 600 040.
4.
The Assistant Commissioner of Police, Anna Nagar, Chennai - 600 040.
5.
The Inspector of Police, K-3, Aminjikarai Police Station, Aminjikarai, Chennai.
6.
Sukumaran, Advocate.
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7.
Ku.Babu, Advocate 8.
Senthamizhan, Advocate ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 to 4 to enquire and take appropriate disciplinary and criminal proceedings against the respondents 5 to 7 on the incident occurred on 18.10.2019 and submit a report before this Court.
For R1 : Mr.M.R.Jothimanian For R2 to R5 : Mr.S.Vinothkumar Government Advocate (Crl.side0 For R6 : Mr.K.Balaji
O R D E R
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The suo motu writ petition has been instituted based on the complaint sent to the High Court through post. The relief formulated in the suo motu writ petition is to direct the respondents 1 to 4 to take appropriate disciplinary and criminal proceedings against the respondents 5 to 7 on the incident occurred on 18.10.2019 and submit a Report before the High Court. Mr.K.Balaji, learned Counsel appearing on behalf of the 6th Page No.2 of 5
respondent would submit that now the 6th respondent has not involved in any criminal cases and leading a peaceful life. He is practicing Lawyer by maintaining good conduct and in the manner known to law. Therefore, no further actions need not be initiated.
Mr.S.Vinothkumar, learned Government Advocate (Crl.side) appearing on behalf of the respondents 2 to 5 would submit that a status report has been filed by the Inspector of Police, K3-Aminjikarai Police Station, Chennai regarding the antecedents of the respondents 6, 7 & 8. It is submitted that no further criminal case has been registered against the respondents 6 to 8.
4.
With reference to the criminal cases, which all are pending, the Bar Council of Tamil Nadu and Puducherry is directed to look into the status report and other materials available on record, if any, and initiate all appropriate actions in the manner known to law. The complainant at whose instance the suo motu writ proceedings has been instituted also is to be summoned and an enquiry is to be conducted. At the outset, opportunity is to be granted to the complainant as well as the respondents 6 to 8 for initiation Page No.3 of 5
of further action, if any required.
5.
With these clarifications, the suo motu writ petition stands disposed of. No costs.
[S.M.S., J.] [C.K., J.] 25.06.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda To 1.
The Bar Council of India, Represented by its Secretary, No.81, Civil Wing, Tis Hazari Courts, Delhi - 110 054.
The Bar Council of Tamil Nadu, & Puducherry, Represented by its Secretary, High Court campus, Chennai - 600 104.
The Enrolment Committee of the Bar Council of Tamil Nadu & Puducherry, High Court Campus, Chennai - 600 104.
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S.M.SUBRAMANIAM, J.
AND C.KUMARAPPAN, J.
veda Order in 25.06.2024 Page No.5 of 5