Rocket to row­dies in lawyers’ garb run­ning kan­ga­roo courts

Jus­tice Kirubakaran di­rects Bar Coun­cil of In­dia and its Tamil Nadu unit to weed out such el­e­ments; frames a set of 25 ques­tions to rem­edy the sit­u­a­tion

The New Indian Express - - TAMIL NADU - SIVA SEKARAN @ Chen­nai

THE Madras High Court has lam­basted the ‘hooli­gans’ and ‘rowdy el­e­ments’ in black and white at­tire, who are ‘so called ad­vo­cates’.

“It is the usual modus operandi of any party who wants to take forcible pos­ses­sion or re­tain pos­ses­sion, en­gag­ing cer­tain per­sons, called ‘ad­vo­cates’, wear­ing black and white dress, as hooli­gans and who are ca­pa­ble of threat­en­ing and re­sist­ing even the po­lice force. This trend is preva­lent for the past few years in Tamil Nadu. It is a classic case to demon­strate as to why the peo­ple do not ex­hibit their faith ei­ther in the ju­di­ciary or in the po­lice and have faith only on the per­sons in black and white claim­ing them­selves as ad­vo­cates, to be en­gaged as “paid hooli­gans” to in­volve in prop­erty dis­putes. To put it in other words, th­ese al­leged lawyers act like ex­tra con­sti­tu­tional author­ity. Since the in­ci­den­tal is­sue of high­handed be­hav­iour of the so-called lawyers arise in this mat­ter, this Court has to deal with the said is­sue in­stantly in the pub­lic in­ter­est,” Jus­tice N Kirubakaran has said.

The judge made the ob­ser­va­tion while pass­ing fur­ther in­terim or­ders on a batch of writ pe­ti­tions from Hari Prasad of Ar­cot and 16 oth­ers, all sec­ond year stu­dents of An­nai Med­i­cal Col­lege and Hospi­tal in Sripe­rum­budur, which has be­come de­funct, to ad­mit them in some other med­i­cal col­leges run by the govern­ment. When the mat­ter came up on Thurs­day, the pe­ti­tioner’s coun­sel pro­duced some pho­to­graphs de­pict­ing some per­sons in black and white dress. The judge was told they were ‘ad­vo­cates’, en­gaged by ‘some par­ties’ to the case to re­tain the col­lege prop­erty.

Not amused, the judge said per­sons with crim­i­nal back­ground are en­ter­ing into the lawyer’s pro­fes­sion by pur­chas­ing law de­grees from let­ter pad law col­leges, es­pe­cially from Andhra Pradesh and Kar­nataka, which are sell­ing law de­grees for a price with­out even con­duct­ing reg­u­lar col­lege.

An­other dan­ger­ous trend in get­ting law de­gree is that those who are em­ployed as full time govern­ment ser­vants, per­sons work­ing in pri­vate com­pa­nies and multi­na­tional com­pa­nies and per­sons in­volved in real es­tate busi­ness are ac­quir­ing law de­grees ir­reg­u­larly in ab­sen­tia with­out even at­tend­ing classes from col­leges sit­u­ated hun­dreds of miles away from their place. Even the ex­am­i­na­tions are med­dled with and some­how they are able to get de­grees. Even those per­sons are able to se­cure a pass in the ex­am­i­na­tions con­ducted by the Bar Coun­cil.

Many such can­di­dates do not even have ba­sic knowl­edge of English and it is sur­pris­ing that they are able to write the ex­am­i­na­tions in English medium in the law col­leges sit­u­ated out­side Tamil Nadu. Fur­ther, some of those per­sons, af­ter re­tir­ing from ser­vice are mak­ing use of their ir­reg­u­lar law de­grees ob­tained dur­ing their ser­vice to en­rol them­selves jeop­ar­dis­ing the prac­tice of the younger ad­vo­cates who are wed­ded to the pro­fes­sion.

This is a very se­ri­ous is­sue, the judge said and di­rected the Bar Coun­cils to ver­ify whether the can­di­dates, who ap­ply for en­rol­ment, af­ter cross­ing 40 year of age, have rightly ob­tained the law de­gree or not.

Th­ese kind of peo­ple who pur­chase law de­grees from let­ter pad in­sti­tu­tions do not pre­fer to prac­tice be­fore the court, but pre­fer only to in­dulge in “Katta Pan­chayat”, un­der the guise of re­solv­ing civil dis­putes, he said.

Af­ter im­plead­ing the Bar Coun­cil of In­dia, its Tamil Nadu unit, Union Law Min­istry and State Law sec­re­tary, DGP and other top po­lice per­son­nel in Tiru­val­lur and Kanchipu­ram and Chen­nai dis­tricts, the judge di­rected them to an­swer a set of 25 queries raised by him to check and rem­edy the sit­u­a­tion.

Per­sons with crim­i­nal back­ground pur­chas­ing de­grees from let­ter­pad law col­leges Jus­tice Kirubakaran

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