State Bar Council can order interim suspension of advocate pending inquiry says Madras High Court Holding that a State Bar Council is empowered to order the suspension of an enrolled advocate facing inquiry proceedings, Justice K K Sasidharan has upheld the interim suspension of a lawyer accused of running “fake courts” in Coimbatore. The Madras High Court was hearing a writ filed by advocate Vijay Anand, one of five lawyers who had been suspended by the State Bar Council for running “fake” arbitral tribunals in the city of Coimbatore. This story was first reported in the year 2011, with a complaint lodged by the Coimbatore Bar Association before the Madras High Court. (You can also read a Tehelka report on this story here) On October 17 this year, five advocates involved in running “fake arbitral tribunals” were suspended and inquiry proceedings initiated. It is against this interim suspension that Vijay Anand approached the Madras High Court. Dismissing the petition, the High Court reportedly observed that, “It is not possible to entertain an argument that the State Bar Council has no power to order interim suspension in such grave cases and should await the ultimate finding given by the disciplinary committee...The power to pass an interim order of suspension pending disposal of disciplinary proceedings is a necessary adjunct of the power of registration of an advocate on the rolls of the Bar council, which is a pre-requirement for practising law.
Posted on: Fri, 22 Nov 2013 06:31:34 +0000
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