IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.9.2008
C O R A M :
THE HONOURABLE MR.A.K.GANGULY, THE CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE F.M.IBRAHIM KALIFULLA
W.P.No.33028 of 2007
and
M.P.No.1 of 2007
S.A.Miyajan ... Petitioner
-vs-
1. The State of Tamil nadu rep.by
its Secretary to Government,
Home Department,
Fort St.George, Chennai-9.
2. The Bar Council of Tamil nadu, rep.
by its Secretary, High Court Buildings,
Chennai-600 104.
3. The Madras High Court Advocates'
Association, rep.by its Secretary,
High Court Buildings, Chennai-104. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the first respondent to appoint a Commission of Inquiry headed by a sitting Judge of the High Court in consultation with the Hon'ble Chief Justice under the Commissions of Inquiry Act to inquire and report on the following aspects: (i) Review of relationship of Advocates vis-a-vis police force and vice versa and suggestion of remedial measures; (ii) Review of deficiency or excessive on the part of Advocates or police force if any and suggestion of remedial measures; (iii) Review of the role of Advocates and Judges in the disposal of various cases pending in courts and suggestion of remedial measures.
For petitioner : Mr.S.A.Miyajan
Party-in-person
For respondents : Mr.J.Raja Kalifulla, G.P.for R1
****
O R D E R
(ORDER OF THE COURT WAS DELIVERED BY
THE HONOURABLE THE CHIEF JUSTICE)
Heard the petitioner-in-person. This writ petition has been filed with a prayer that this Court should appoint a Commission of Inquiry under the Commission of Enquiries Act, headed by a sitting Judge of this Court in consultation with the Honourable Chief Justice.
2. The prayer for appointment of the said Commission is made in view of certain incident, which had taken place in this Court some time in the month of October 2007 between the police and an Advocate in Stanley Hospital. This Court fails to understand as to how in an incident, which has happened outside the Court, relating to some law and order situation, which might have called for police intervention, this Court can appoint an Inquiry Commission. Apart from that, under the Commission of Enquiries Act, 1952, the power to appoint a Commission vests with the appropriate Government and not with any Judge or the Honourable Chief Justice.
3. From a reading of the petition, the main grievance of the petitioner appears to be that over a confrontation between Advocates and police, ultimately, the Court is boycotted and this has become a common phenomenon and in order to rectify the same, the present writ petition is filed. We appreciate the concern of the petitioner for initiating some steps to be taken to prevent boycotting of the Court.
4. In this matter, law has been clearly stated by the Hon’ble Supreme Court in the case of Ex-Capt. Harish Uppal -vs- Union of India (2003) 2 SCC 45 that any boycott of Court by the Advocates is per se illegal and contumacious in nature. Therefore, law on this point is well settled by the Honourable Apex Court and on this aspect, no further litigation is required to be filed. This Court only appeals to the learned Members of the Bar to follow the said judgment of the Hon’ble Supreme Court and in future to desist from any incident of boycotting the Court.
5. This Court is further given to understand that in order to redress the grievances of the Advocates, already a High Power Committee has been formed consisting of Honourable Judges of this Court, the Chief Secretary and the Home Secretary of the State of Tamil Nadu, the Members of the Bar and also senior members of the police force. In view of such Committee, which is already existing, this Court directs that in respect of any future grievances of the Advocates against police atrocities, the said Committee should be approached and functioning of the Court should not be disturbed. This Court makes this observation in view of the fact that even if there are cases of police atrocities, the Court of law is the proper forum, before which the Advocates can come and complain, but by stalling the running of such Court, no purpose would be served.
6. This writ petition is disposed of with the abovesaid observation. There will be no order as to costs. Consequently, the connected miscellaneous petition is closed.
js
To
1. The Secretary to Government,
Home Department,
Fort St.George, Chennai-9.
2. The Bar Council of Tamil nadu, rep.
by its Secretary, High Court Buildings,
Chennai-600 104.
3. The Madras High Court Advocates’
Association, rep.by its Secretary,
High Court Buildings,
Chennai 104
[ PRV / 16070 ]