The Madras High Court has issued a notification making amendments to existing rules under the Advocates Act with a view to ensuring peaceful conduct of court proceedings and suggesting disciplinary action to be taken against erring advocates.
The notification, recently issued by the Registrar General of the High Court, said, “In exercise of powers conferred by Section 34(1) of Advocates Act, the court ‘makes the following amendments to the existing rules. The amendments shall come into force with effect from the date of publication’.”
It said the court has power under 14-A of Advocates Act to debar advocates who indulge in activities such as trying to influence a judge or participates in a procession inside court campus or holds placards inside the court hall, among others.
Such advocates shall be debarred from appearing before the high court or subordinate courts permanently or for such period as the court may think fit and the Registrar General shall thereupon report it to the Bar Council of Tamil Nadu, it said.
The notification further said where any such misconduct referred to under Rule 14-A is committed by any advocate before the high court, the court shall have the power to initiate action against the advocate concerned and debar him from appearing before the court and all subordinate courts.
If the misconduct is committed before the court of principal district judge, the judge shall have the power to initiate action against the advocate concerned and debar him from appearing before any court within such district.
If it is committed before any subordinate court, the court concerned shall submit a report to principal district court within whose jurisdiction it is situated and on receipt of such report, the principal district judge shall have the power to initiate action against the advocate concerned and debar him from appearing before any court in such district.
The high court or the court of principal district judge, as the case may be, shall, before making an order under rule 14-A, “issue to such advocate a summons returnable before it, requiring the advocate to appear and show cause against the matters alleged in the summons and the summons shall if practicable, be served personally upon him”, it said.
The notification said “… The high court or the court of principal district judge may, before making the final order under Rule 14-C, pass an interim order prohibiting the advocate concerned from appearing before the high court or subordinate courts, as the case may be, in appropriate cases, as it may deem fit, pending enquiry.
( Source – PTI )
