Friday, June 18, 2021

"No one above law even the Advocates"

 

"Usage of the position of advocate for other than just causes is nothing but an act of corrupt nature, which requires to be cut down by the sword held in the hands of the statue of Justice," the Court said.

Advocates are not above law and in fact, they are expected to give more respect to the law since it is their bread and butter, the Madras High Court emphasised on Friday while dismissing a lawyer's anticipatory bail plea over an alleged COVID-19 lockdown violation (Tanuja Rajan @ Tanuja Kanthula and anr v. State).

An advocate is also a citizen and her/his stature should be used in a lawful and legal manner without maligning the reputation of others, the Court said.

"It is further to be stressed that advocates are not above law and, in fact, it is the advocates who have to give more respect to the law, as it is their bread and butter. Usage of the position of advocate for other than just causes is nothing but an act of corrupt nature, which requires to be cut down by the sword held in the hands of the statue of Justice. The duty of an advocate is to see to it that the rule of law is followed irrespective of the damage that it would cause to his self," the order further stated.

Justice M Dhandapani added that the doyens of the Bar, more so the Madras Bar, have held aloft the rule of law for centuries.

"But, nowadays, a few members, just to enrich themselves and for their selfish cause, throw to the winds the larger interest of the legal fraternity and cause irreparable damage to the other members of the legal profession by their acts, as has been done in the present case," the Court expressed concern.

The Court was dealing with an anticipatory bail plea moved by an advocate and her daughter against whom a case was registered earlier this month.

The case attracted attention after video footage of a verbal altercation between the lawyer and the police was circulated online, in which the lawyer is seen without a mask, threatening to strip the police officer of his uniform.

The Court on Friday rejected arguments made for the accused lawyer that her outburst was triggered by police misbehaviour and that it stemmed from motherly affinity for her daughter, who had been stopped by the police for allegedly violating the COVID-19 lockdown.



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