Key phrase 'rules in abeyance' now has judicial value

No action till deliberations by panel to review amendments concludes, rules HC; advocates assn says order has given them magizhchi

Published: 27th July 2016 06:37 AM  |   Last Updated: 27th July 2016 06:37 AM   |  A+A-

CHENNAI: IN a judicial order, which will prevail upon the executive order, the first Bench of the Madras High Court has reiterated its stand that no action will be taken against advocates and that the new disciplinary rules will be kept in abeyance till the deliberations by the committee formed to review the amendments are concluded.

The Bench of Chief Justice SK Kaul and Justice R Mahadevan made the observation while passing interim orders on a PIL from advocate S Kasiramalingam, of Saligramam, who prayed for a direction to install closed circuit TV cameras (CCTVs) in all the courts in the State, including the High Court and its Bench at Madurai. His interim prayer was to direct the Registrar-General to keep the new rules in abeyance.

Petitioner submitted that it was the apprehension of advocates that judges of the higher judiciary, middle-level judiciary and lower judiciary might misuse the wide powers given to them under the new rules. They may punish and haul advocates for alleged ‘brow-beating’. There is a possibility of judges tilting the scales in their favour. It may become a tool in the hands of judges to brow-beat advocates. Installation of CCTV cameras will go a long way in preventing such misuses and provide transparency, petitioner said and prayed the Bench to keep the rules in abeyance.

When the PIL came up for hearing earlier in the day, the bench said the prayer for keeping the rules in abeyance has been answered in view of the said prayer having been sub-served by the resolution of the Full Court dated June 16, followed by a clarification issued by the Committee of five judges on July 22 and published by the print media on July 23. Therefore, there is no need to pass any separate order, the Bench said and added that thus, effectively, the rules are in abeyance for the time being.

Claiming it as a victory and that it gave them magizhchi , Madras High Court Advocates Association secretary Arivazhagan and former TN Bar Council member M Velmurugan, who stand suspended by the Bar Council of India, said the general body of the association being convened on Wednesday would decide on withdrawing the agitation.

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