Striking lawyers get their way, HC rolls back conduct code

Chennai, January 24 The Supreme Court has empowered high courts to frame rules laying down conditions for lawyers to practice. And yet in a bid to end the month-long standoff, the Madras High Court today withdrew its code of conduct for lawyers. The full court, chaired by Chief Justice Subhashan Reddy who had become the prime target of protesting lawyers, announced the withdrawal of the code following â€˜â€˜representationsâ€™â€™ from rival factions of the Madras High Court Association and the Bar Council of Tamil Nadu. The Association said that the protests had caused hardship to litigants and they would attend court if the code was withdrawn. And just as a group of advocates geared up to court arrest, the court withdrew the code. The Chief Justice had laid down the 25-point code of conduct after lawyers raised slogans against him and staged a dharna inside the High Court premises, protesting the allocation of writ jurisdiction to the newly created Bench at Madurai. The code stipulated that lawyers should not hold dharnas or protest demonstrations in court premises. Besides, it said that lawyers should not raise slogans and speak in the court hall pointing fingers at judges. Violators would be debarred from practice for a period of two months, the code stated. However, this failed to contain the protests and instead triggered a major controversy with lawyers insisting that only the Bar Council had powers to â€˜â€˜discipline or debar themâ€™â€™. The Association also adopted a resolution demanding the shifting of the Chief Justice out of the state. Despite the protests turning violent and advocates launching a boycott, the Chief Justice first agreed to just â€˜â€˜suspendâ€™â€™ the code. While a significant section of the lawyers attended court, another group refused to let them work until the code was withdrawn. In fact, agitating lawyers barged into court halls and dragged out advocates who were arguing cases before the judges. Over 100 protesting lawyers were arrested and a tense situation prevailed in the court premises for over a month. With the demand for the shifting of Justice Subhashan Reddy getting strident and the DMK, a key ally of the Congress-led coalition at the Centre, supporting the lawyers, there was increasing pressure for withdrawing the code. However, former Supreme Court Judge, Justice S Mohan told The Indian Express that Courts have â€˜â€˜wide powersâ€™â€™ to initiate action against lawyers who disrupt their functioning and â€˜â€˜interfere with the course of justiceâ€™â€™. According to him, while the Bar Council is the supreme authority over advocates, the Court is â€˜â€˜well within its powersâ€™â€™ to initiate action if the lawyers raised slogans against judges and staged demonstrations.

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