Madras HC tells Bar Council to act against 'arm-twisting' advocate

However, Gobala Krishnan was not willing to pay heed, and was interested in contesting the case and see if he can extract more money from the petitioners.
Madras HC
Madras HC(File photo)
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MADURAI: Taking serious note of the fact that a Kanniyakumari-based advocate indulges in arm-twisting by filing false complaints and collects money under the guise of a compromise, the Madurai Bench of the Madras High Court directed the Bar Council of Tamil Nadu and Puducherry to initiate disciplinary proceedings against the advocate for professional misconduct.

Justice N Anand Venkatesh was hearing a petition filed by five persons, accused in a case booked by the Asaripallam police in Kanniyakumari district, seeking to quash the proceedings pending before III Additional District Judge of Tirunelveli. The court, while quashing the proceedings, mentioned that an advocate is an officer of the court and such misconduct on the part of the advocate cannot be tolerated by the court, and it cannot remain a mute spectator.

The court noted that the case is a class case of how an advocate can misuse his status and arm-twist others and make a living out of it. When the matter came up during the previous hearing, this court pursued the materials, was convinced that there was a clear abuse of the process of law and hence, advised the defacto complainant, advocate Gobala Krishnan, to withdraw the case and compromise. However, Gobala Krishnan was not willing to pay heed, and was interested in contesting the case and see if he can extract more money from the petitioners.

"In fact, at one point of time, the petitioners of the case wanted peace and therefore, paid Gobala Krishna `two lakh. When the petitioners expected Gobala Krishnan to put an end to the case, he went on to pursue it as a criminal case. However, he took a stand that the accused promised to further pay `three lakh and since it was not paid, he was continuing to prosecute the criminal case," the judge said.

The court expressed shock that Gobala Krishnan regularly indulges in such disputes and takes money for compromise.
Earlier, a complaint was lodged against Gobala Krishnan before the Nagercoil Bar Association that he is misusing his status as an advocate. "All the materials placed before this court shows that he never practices in court and is involved in activities that demean the status of an advocate and regularly blackmails others and demands money.

This seems to be his regular source of income. In fact, he does not even spare the advocates practising in courts and that is the reason why this case, which was originally pending before the Additional Assistant Sessions Court, Nagercoil, was subsequently transferred to the file of the Additional District Judge, Tirunelveli. 

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