CHENNAI: The Madras High Court has directed the Bar Council of Tamil Nadu and Puducherry to initiate appropriate disciplinary proceedings against seven advocates, who had filed multiple cases before the Motor Accidents Claims Tribunal concerned, claiming huge compensation from insurance companies for the death of same person. Justice P N Prakash gave the direction while passing further interim orders on a criminal original petition from Cholamandalam Insurance Company, on Tuesday.
The seven are V Velu (Chennai), M Jeevanantham (Tiruchy), N Azhakiyakumaran and Ramaa Radhakrishnan (Cuddalore), N Shankar (Vellore), S Natarajan (Gobichettipalayam) and M Sivamani (Cuddalore).
The judge noted that the conduct of the advocates is unbecoming of members of the noble profession, that too, in a jurisdiction meant for the benefit of innocent victims. While practitioners have the right to practise, they cannot abuse the freedom or commercialise the same at the cost of the victims and taint the very jurisdiction. It is singularly unfortunate and needs to be avoided, the judge said.
Considering the recorded evidence from the findings in the Interim reports of the expert body, read in conjunction with the averments made by the seven advocates themselves, there is a lot to be desired, the judge said. Though the expert body has suggested that it is a fit case to lodge a complaint directly, the court is not inclined to do so. “Considering the peculiar circumstances and the representations made on their behalf, this court deems that it may suffice to refer the advocates to the BCTNP, under the disciplinary jurisdiction, to be proceeded against, in accordance with law, for any misconduct they may be guilty of. This Court is unwilling to make any judgment in this regard and it is not fair to do so also. This Court would merely refer the issues relating to the seven advocates to the BCTNP, with one complete set of all records, including the four Interim reports of the EB and all the affidavits filed by the
advocates themselves with enclosures, for careful consideration and appropriate action in accordance with law, the judge said.
On accident victims...
During the course of arguments, it was brought to the notice of the judge that if a victim of a vehicular accident is given emergency care within the golden hour, there is every possibility of his life being saved. The judge said that for the implementation of this, a proper mechanism should be put in place.
Abusing the freedom
The judge said that while the lawyers have the right to practise, they cannot abuse the freedom at the cost of the victims