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OVERVIEW

  • Preeti Rajan,the 2nd petitioner went to the market to purchase fish during lockdown period. She was stopped by police officials.
  • Preetiwas not having a valid pass for going out during the lockdown period.
  • The police issued the challan of Rs 500. On the challan being issued, she quarreled with the police officials on duty.
  • Then Preeti called her mother, 1st petitioner who is an advocate. Her mother used derogatory words and threatened the police officers that they will be stripped of their uniforms if they tried to intervene and cause any hindrance to their movement.
  • According to the respondents, they were smeared all over with mud by the 1st petitioner.
  • The petitioners not only violated the provisions of the Disaster Management Act but also the provisions of IPC.

PROCEEDINGS

  • The Court directed the Bar Council of Tamil Nadu to file a status report as to mechanism present, taking actions against those unruly advocates who casts a slur by their act, demeaning the whole legal profession.
  • According to the report, Section 35 of the Advocates Act provides for the punishment of advocates for misconduct.
  • However, it was pointed out that the provisions of the above section speak only about the complaint received on which action is initiated by the Bar Council and no complaint was received by the bar council.

COURT’S ORDER

  • The court dismissed the petition as the 1st petitioner is concerned.
  • In the case of the 2nd petitioner, the criminal original petition is allowed, and the petitioner is ordered to be released on bail upon her surrendering before the respondent police within 15 days of receiving a copy of the order.
  • 2nd petitioner shall investigate the possibility of developing a process for initiating suomotu proceedings against members who engage in acts that are detrimental and humiliating to the legal profession as a whole.
  • Executed a personal bond for the sum of Rs. 10,000/- before the respondent police.
  • Initiate suomotu criminal contempt proceedings against Mr R. Krishnamoorthy, Advocate, Supreme Court of India

Do you think advocates are taking advantage of their status in the society? Share your views in the comment section below!

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