HC slams tainted lawyers becoming Assn office-bearers

CHENNAI: Observing that elections to advocates associations or Bar Council are no different from general election to legislature in which invariably communal, religious, political cards etc., are played, money power is exhibited and liquor is generously offered to woo the electorate, the Madras High Court came down heavily on the Bar elections for paving way for election of non-practising advocates with tainted backgrounds.

Observing that courts and judges would become puppets in the hands of such unruly office-bearers if such malpractices were not prevented, the bench declared that elected office-bearers can contest only on alternate years, and also prohibited the office-bearers from printing their photos in calendars and their position in the association in the vakalath.

Passing orders in a case relating to the Salem Bar Association, the division bench comprising Justice N Kirubakaran and Justice R Pongiappan said, “Sadly, our Bar leaders are not properly elected by following democratic process, without any malpractices. Present members of the so-called noble profession are readily selling their votes for ‘money, liquor, foreign tours, etc.’ This is the practise in almost every election for association or Bar Council.”

Even as it noted that the formation of association was an internal matter and courts may not have any power to meddle, the bench said: “The experience of this court in the past would reveal that the administration of justice is affected because of election of non-practising advocates, advocates with tainted background and inexperienced lawyers who invariably call for boycotts affecting justice delivery system and eroding the faith of general public in courts.”

The High Court receives many complaints from subordinate judicial officers about threats, blackmailing attitude of the office-bearers of Bar associations for judicial orders, it said. Besides, numerous Bar associations were formed on a communal and political basis. “These are all the realities in the lower courts and this court cannot lose sight of the same. Hence, necessarily, this court has to give directions even regarding the functioning of Bar Associations,” the bench said.