Madurai, Sep 25 : In a hard-hitting remark, the Madurai Bench of Madras High Court (HC) today said lawyers cannot dictate terms to the court and expect the Judges to pass orders according to their 'whims and fancies.'
Passing interim orders in a quash petition, Justice S Tamilvanan said, ''The duty of an advocate was to convince the court to accept his arguments by putting forth the legal as well as factual aspects related to their case and without doing so, a counsel could not behave in a rough and tough manner and make unpleasant submissions that he would not get justice before a particular judge and hence his case should be transferred to some other Judge.'' He said only a few lawyers were functioning in a way affecting the functioning of the judicial institution. The Bench and the Bar were two sides of the same coin and hence no counsel could indulge to win any case by hook or by crook without maintaining proper decorum of the court and without placing his legal arguments.
Jistice Tamilvanan said legal profession was a noble profession and an advocate was not only the counsel to his client, but also an officer of the court. Hence, maintaining professional ethics and decorum of the court was paramount, he said and added ''if it is the attitude in the High Court, we cannot imagine the fate of the sub-ordinate courts.'' The petition was seeking to quash a dowry demand case pending against a seven-member family before a District Munsif-cum-Judicial Magistrate at Thirumayam in Pudukkottai district.
The counsel wanted the Judge Tamilvanan to extend an interim order, already granted by another judge, dispensing with the personal appearance of the accused before the lower court.
Justice Tamilvanan said the court asked for the factual aspects to decide the maintainability of the petition. Without stating anything on the facts, abruptly the counsel represented that the court may transfer the case to some other judge, he said.
He said the way in which the counsel represented the matter could not be appreciated. But for that, the litigants could not be made to suffer.
The judge dispensed with the appearance of two aged petitioners of the family.
--UNI
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