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HomeTamil NaduMadras High Court Upholds Rights of Advocates: Action Permissible Against Harassing Litigants

Madras High Court Upholds Rights of Advocates: Action Permissible Against Harassing Litigants

Court Clarifies that Questions Posed During Hearing Do Not Constitute Orders (Madras High Court)

Chennai, July 31 (City Times): The Madras High Court delivered a significant ruling on Monday, affirming the rights of advocates to take necessary action against litigants who engage in harassment following queries raised by the court. The court also clarified that questions posed during hearings should not be construed as official orders issued by the court.

A division bench comprising Chief Justice S.V. Gangapurwala and Justice P.D. Audikesavalu responded to a memo filed by an advocate expressing disinterest in conducting a Public Interest Litigation (PIL) case filed by a final year law student. The advocate cited harassment from the client as the reason for wanting to withdraw from the case.

The PIL was filed by a third-year law student, seeking a directive from the state government to establish old age homes in all districts. According to the petitioner’s request, each old age home should accommodate a minimum of 150 senior citizens, as mandated by Section 19 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007.

During the initial hearing on June 24, the court inquired about the state government’s efforts in establishing old age homes. The petitioner’s advocate responded that no such homes had been established yet. In response, the court issued an interim order warning of a heavy fine of Rs 50,000 if the statement was found to be incorrect.

This ruling by the Madras High Court reaffirms the significance of respecting the rights and professional integrity of advocates, ensuring they can perform their duties without intimidation or harassment. The court’s clarification on questions posed during hearings further emphasizes the distinction between court inquiries and formal orders, aiming to prevent any confusion or misinterpretation in the legal process. (Madras High Court)

Following the interim order on July 24, the petitioner’s counsel submitted a detailed memo listing events that transpired and cited harassment as the primary reason for not wishing to proceed with the case any further. (Madras High Court)

The judges allowed the advocate to withdraw from the case and emphasized that he was entitled to take appropriate action against the petitioner in response to the harassment.

This ruling by the Madras High Court reaffirms the significance of respecting the rights and professional integrity of advocates, ensuring they can perform their duties without intimidation or harassment. The court’s clarification on questions posed during hearings further emphasizes the distinction between court inquiries and formal orders, aiming to prevent any confusion or misinterpretation in the legal process. (Madras High Court)

To Read News in Hindi.

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