Suo Motu Contempt Proceedings v.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN THE HONOURABLE MR. JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM CONT.P.No.310/2001 [Suo Motu Contempt] Contemnors:- R.Karuppan E.Rajaram Mohandoss C.Vijayakumar Subramanian M.Sachidananthan C.P.Sivamohan Gene Immanuel A.Sankarasubramanian Suresh Vasudevan Ravichandran M.George Williams Chandrakumar S.Selvanandhan ..

Respondents Suo Motu contempt initiated under Article 215 of the Constitution of India, on the above contemnors by the Hon'ble the Chief Justice and the Hon'ble Mr. Justice K.Sampath [as he then was] vide order dated 30.04.2001.

For Respondents 10 & 11 : Mr.T.Mohan

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.,] A Division Bench of this Court, vide order dated 30.04.2001, has initiated Suo Motu contempt proceedings against 15 Advocates invoking Article 215 of the Constitution of India with regard to certain unpleasant and avoidable incidents which took place on 27.04.2001. Notices were ordered to all of the contemnors. The matter was listed on 29.04.2001 and out of 15 contemnors, Contemnors No.2, 3, 4, 7, 8, 9, 10, 11 and 14 were discharged and for rest of them, fresh notices were ordered and all of them were served with notices also and though their names appear in the Cause List, they have not appeared.

It is to be pointed out at this juncture that comprehensive writ petitions in WP.Nos.4344 and 4925/2000 with regard to the behaviour of the Advocates, inside and outside the Court, had already been seized by this Court and those writ petitions are pending.

The 1st respondent / contemnor No.1, viz., R.Karuppan, is no more. Insofar as the 12th contemnor/12th respondent, viz.,Ravichandran, is concerned, there is no

initial and he could not be served for want of initial and the name "Ravichandran" is a common name in this part of the State. Insofar as Contemnor No.13, viz., M.George Willams, is concerned, it appears that some disciplinary proceedings, which is not connected with the present incident, is said to be pending.

This Court, taking into consideration of the fact that the incident took place as early as on 27.04.2001 and nearly 16 years had passed by and also in the light of the fact that this Court is also keeping WP.Nos.4344 & 4925/2000 pending, is of the view that no further orders are necessary in this contempt petition. However, this Court makes it clear that if any disciplinary action is already pending against some of the contemnors, the Bar Council is at liberty to proceed against them uninfluenced by the order of this Court.

The contempt petition is closed subject to above observation.

As regards the Contemnor No.1, viz., Mr.R.Karuppan, who is no more, the present proceedings are abated and rest of the contemnors, viz., contemnors No.5, 6, 12 and 13, are discharged.

SD/ ASSISTANT REGISTRAR(Commr.Cases) AP //Certified to be true copy// Dated at Madras this the day of 2018.

COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KR/CO/12/07/2018.

One CC to Mr. L.ChandraKumar, Advocate, SR.13666. To.

1. The Registrar,General.

High Court, Madras.

2. The Chairman, Bar Council of TamilNadu, Chennai.