CHENNAI: The chances for lawyers practising in district and civil courts becoming judges of the respective High Courts is almost non-existent According to a communique from the Bar Council of India in New Delhi, the statutory body governing the profession, this issue (which falls under the purview of the National Judicial Appointment Commission) has been raised before the Constitution Bench.
BCI chairman Manan Kumar Mishra himself had fully supported the case of the advocates. Hundreds of suggestisons on these lines were also filed before the Bench. But, the Bench neither entertained the suggestions nor passed any orders on this. Even in the Memorandum of Procedure (MoP), the Union government did not take action, the communication pointed out. “This is a delicate issue which is beyond the jurisdiction of any particular High Court or its Collegium,” the communique added and threatened dire consequences if any bar association or body boycott courts on this issue.
The communication declared as illegal the boycott call, said to be issued by the Federation of Bar Associations of Tamil Nadu and Puducherry, by its chairman P Paramasivam. The BCI had already framed strict rules for curbing unnecessary and illegal strikes. “The office-bearers of such associations are to be held disqualified for contesting in any election of any Bar Association or Bar Council for six years, apart from initiation of disciplinary proceedings for professional misconduct,’’ it threatened.
The Federation withdrew its call to strike work on Friday (March 24). Paramasivam admitted on Thursday, “We are not aware that this subject matter had been raised before the Supreme Court as the Federation was not a party. Only after the Federation called for a boycott, the BCI has brought to our knowledge that the issue had been argued before the Supreme Court which did not pass any order on this particular issue. Therefore, on behalf of lawyers practising in the districts, the Federation will file a review petition before the Supreme Court in this matter.” “The Federation withdraws the boycott call given,” he added.
council revokes suspension
Meanwhile, the Bar Council of Tamil Nadu and Puducherry on Thursday issued orders revoking the suspension of seven advocates -- K Sathyabal, RY George Williams, R Prasadh, U Rajarajan, L Infant Dinesh, V Kayalvizhi and A Abdul Rahman -- from November 26, 2015. This follows a judicial order passed by a division bench headed by Justice V Ramasubramanian, on March 21 last, says Council chairman D Selvam.