Madras High Court brings in new disciplinary rules for lawyers

These rules have come into place after the Supreme Court asked all high courts in the country to frame disciplinary rules.
Madras High Court brings in new disciplinary rules for lawyers
Madras High Court brings in new disciplinary rules for lawyers
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The Madras High Court has brought in stringent disciplinary rules for lawyers.

These rules have come into place after the Supreme Court asked all high courts in the country to frame disciplinary rules.

According to the rules, if any advocate is found accepting money in the name of a judge or on the pretext of influencing him or an advocate who meddles with the court order will be removed from the Bar permanently or for a specific time period, reported the Times of India.

A lawyer will be suspended or expelled if he spreads unsubstantiated allegations or petitions against a judicial officer or a judge.

The rules include, "An advocate who appears in the court under the influence of alcohol shall be debarred from appearing before the high court or subordinate courts permanently or for such period as the court may think fit.”

Paul Kanagraj, President of Madras High Court Advocates Association said, “Madras High Court has got rule making power but every law can be applied only after hearing an explanation from the accused.  If a person is punished without an explanation, it is a barbaric law.”

He said these disciplinary rules are required. But he said that if no chance is given to the lawyers to explain and the judges can take action on hearing the complaint or receiving the complaint without notice then it is not right.

Stating an example, he said if a person is found drunk then he should be given show cause notice instead of directly expelling him. “The court needs to ask under what circumstances he was found drunk. He needs to be given a chance to give an explanation,” he said.

He added that if the court is going to act without providing a show cause notice then they will oppose the disciplinary rules.

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