The Madras High Court today made it clear that the Bar Council has the power to revoke the license to practice permanently or suspend it for a fixed term pending disposal of disciplinary proceedings for professional misconduct by any advocate.
A division bench, comprising Justice Satish K. Agnihotri and Justice K.K. Sasidharan, in its order, said "the power of the Bar Council would also include the incidental power of interim suspension pending disposal of disciplinary proceedings for professional misconduct."
Dismissing a sub-application filed by the advocates, challenging the order of Justice P.N.Prakash, who took suo motu criminal contempt proceedings against advocates Manikandan Vathan Chettiar and Madan Kumar, the bench directed the Bar Council of Tamil Nadu and Puducherry to take disciplinary action against them.
Justice Prakash, while dealing with a criminal original petition, had taken suo motu cognizance under Contempt of Courts Act against the two advocates.
The contemnor-advocates sought a direction to stay the operation of the order passed by the Bar Council of Tamil Nadu and Puducherry (hereinafter referred to as "Bar Council") prohibiting the petitioners from practising the profession of law pending disposal of disciplinary proceedings initiated against them.
The bench, while referring to Advocates Act, in its order said that "since the Bar Council is the statutory authority to register the advocates and to maintain their rolls, Section 6 should be read as the source of power of the State Bar Council to control the legal profession and take all actions necessary to preserve the glory of this noble profession."
Rejecting the arguments that the Bar Council has no right to suspend practice pending disposal of disciplinary proceedings, the bench, after referring to a Supreme Court order, said the apex court has observed that "the role of the Bar Council under Advocates Act is comparable to the role of a guardian in professional ethics.
