Madras HC dismisses lawyers' petitions to trace two AIADMK MLAs 

A division Bench of the Madras High Court dismissed two habeas corpus writ petitions seeking to trace two AIADMK MLAs.

Published: 17th February 2017 04:12 AM  |   Last Updated: 17th February 2017 04:12 AM   |  A+A-

Madras High Court. (File photo)

Madras High Court. | Express File Photo

By Express News Service

CHENNAI: Holding that advocates should not step into the shoes of their clients, a division Bench of the Madras High Court dismissed two habeas corpus writ petitions seeking to trace two AIADMK MLAs and order their release.

Representing Elavarasan, a voter in Kunnam constituency and Preetha of  Indira Nagar, who alleged their MLAs -- Ramachandran (Kunnam) and Geetha (Krishnarayapuram) -- went ‘missing’ and that they were illegally detained at the Koovathur resort, the two advocates had suggested to the court to constitute a commission or appoint an amicus curiae to look into the allegation.

Rejecting the plea and dismissing the petitions, the Bench of Justices M Jayachandran and T Mathivanan, after studying the counter-affidavit filed by the Additional Commissioner of Police (Law and Order), South, Greater Chennai and the submissions made on State’s behalf by the public prosecutor and considering the relevant facts, found that the ‘maintainability’ was hanging over the petitions and that they did not find any merit.

It also found that the advocates had stepped into the shoes of the litigants, which should not be allowed. If such acts were permitted, then there might not be any client-advocate relationship but the only client and the defacto-client relationship would emerge, adversely affecting the dignity and decorum of the noble profession.

The etiquette prescribed by the Bar Council of India, that an advocate should not act or plead in any manner in which he himself is peculiarly interested, should be borne in mind.

“We are of the considered view that the petitions are devoid of any merit and therefore deserve to be dismissed,” the Bench said and dismissed them.

Stay up to date on all the latest Chennai news with The New Indian Express App. Download now

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.