Madras HC quashed the bar association’s order restraining the lawyer from appearing before any court

The bench of Justice SM Subramaniam and Justice C Kumarappan observed that the right to practice law is a fundamental right that cannot be barred from bar association by suspension.

Continuously, added advocate should maintain a cordial relationship with the members of the bar association to maintain work efficiency in court.

The petition challenged by Adv. Senthil against the order of the Tambaram Bar Association suspended him, further Senthil submit the reason for the suspension was that he attended the court which was contrary to the decision of the Bar Association not to attend the court.

The court noted that the Bar Association should use the apex court boycott as a last resort and could not continue the boycott on litigants which affects their rights and delivery justice system.

HC observed that the order passed by the Tambaram Bar Association did not consider that the members of the Bar were expected to respect the freedom of speech and practice of others

Thus, the Court accepted the petition and quashed the order of the Bar Association.

Case Law: V Senthil Vs. The Secretary, Bar Council of TN & Puducherry

Written By: Kirti Sharma