Chennai, June 18 (PTI) The Madras High Court on Friday recommended to the Bar Council of Tamil Nadu and Puducherry to initiate proceedings on its own against lawyers who indulge in activities that are prejudicial and demeaning the interest of the legal fraternity as a whole.

The TN Bar Council can do this after consultation with the Bar Council of India in New Delhi, the statutory body governing the legal profession, in the larger interest of the legal fraternity, Justice M Dhandapani said.

The judge gave the suggestion while dismissing the advance bail application from advocate Tanuja Rajan @ Tanuja Kanthula, who feared arrest for her alleged misbehaviour with traffic police in the city recently.

"The power having been provided in Section 35 of the Advocates Act for initiating suo motu action, a duty is cast on the Bar Council to adhere to the said provision in letter and spirit," the judge said.

He hoped and trusted that the TN Bar Council would, in all earnestness, act in consonance with the provision by initiating such action against erring individuals for unprofessional conduct or other misconduct, which come to its knowledge through the digital/print media, so that the glory of the Bar is held aloft.

Earlier, a case was registered against the woman lawyer on a complaint from the affected policeman attached to Chetpet police station, who was reportedly abused by the advocate and her daughter, for various offences under the provisions of the IPC and the Disaster Management Act.

The first petitioner (Tanuja Rajan) was said to have used abusive, unparliamentary and derogatory words against him.

"They will definitely hurt the ego,pride and self-respect of any person, be it a police official or a common man. Being a member of the coveted legal profession, she ought to have kept the interest of the profession in mind when speaking out in public," the judge said.

Further, it is to be pointed out she indulged in such an act in front of her daughter, the second petitioner, who is a fourth year law student.

"In such a backdrop, it is more expected of the mother/ petitioner to teach her daughter/2nd petitioner the ethics for following the rule of law, as otherwise, her act as in the present case, would engrave upon the mind of the second petitioner, which would not be a welcome sign to the legal profession."

"Not only as a mother, but also as a senior to her daughter in the profession,she ought to have conducted herself in a manner befitting the status of an advocate and her failure to do so, not only tarnished the image of the legal fraternity in the eyes of the general public, but would also have a lingering effect on the mind of the 2nd petitioner..." the judge said.

The judge, however, granted anticipatory bail to the second petitioner, who also apprehended arrest on the same charges, on her surrendering before the police within 15 days and executing a personal bond for Rs 10,000.

Earlier, petitioners' counsel told the judge that due to her (Tanuja) motherly affinity towards her child, the former had behaved in such a manner, which should be looked at only through the eyes of the mother and not that of the law.

The judge said this argument at the outset looks attractive on the face it and even tries to touch the conscience of the Court.

However, on a much more deeper analysis of the material available on record, the same reveals a very sorry state of affairs in which the mother, using the garb of an advocate,not only tried to strong arm the uniformed force,but also tried to take the court for a ride by trying to shed crocodile tears for her acts, said to have been committed unwittingly by her, the judge said.

Further, the judge also recommended initiation of contempt proceedings against advocate R Krishnamurthy for allegedly making derogatory statements against him (judge) in the social media.

The whole audio would speak volumes against him and his ulterior motive in castigating a Judge for discharging his judicial functions.

The judge directed the Registry to place the matter before the Chief Justice for listing the suo motu criminal contempt before the appropriate bench, after issuing necessary notice to Krishnamurthy.

"If this Court fails to take any action against Krishnamurthy, it would have a cascading effect of eroding the faith that the general public have on the justice delivery system and also push the judicial system into doldrums."

"In such a backdrop, this Court is of the opinion that this is a fit case where this Court has to initiate criminal contempt as provided under Section 14 of the Contempt of Courts Act," the judge said.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)