directing the respondents to take appropriate action against the erring unruly elements and to provide necessary security in and around all the court premises throughout the State of Tamil Nadu and Puducherry and to place appropriate security check measures with security check points with metal detectors and security cameras in and around the Court premises to regulate the movement within the Court premises and for any other appropriate relief as this Hon’ble court may deem fit and proper in the interest of justice and thus render justice. Solemnly affirmed at Chennai Before Me On this the 21st day if November 2024 and signed her name in my Presence Advocate, Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)

W.P. No. of 2024

Bar Council of Tamil Nadu and Puducherry
Represented by its secretary i/c,
High Court Buildings,
N.S.C Bose Road,
Chennai – 600 104. ….. Petitioner
-vs-
1. The Principal Secretary to Government,
Home, prohibition & excise department,
Government of Tamil Nadu,
Fort St. George,
Chennai – 600 009.

2. The Director General of Police,
Dr. Radhakrishnan Salai,
Mylapore,
Chennai – 600004.

3. The Commissioner of Police,
No.132, Commissioner Office Building,
E.V.K. Sampath Road, Veparu,
Chennai – 600 007.

4.The Principal Secretary to Government,
Home, prohibition & excise department,
Main Building, Chief secretariat,
Puducherry – 605 001
5. The Director General of Police,
White Town,
Puducherry – 605 001. ……Respondents

AFFIDAVIT OF THE PETTIONER

I Greetha Senthilkumar, W/o. T.P. Senthilkumar, Secretary i/c, Bar Council of Tamil Nadu and Puducherry, N.S.C. Bose Road, High Court Campus, Chennai – 600 104, do hereby solemnly affirm and sincerely state as follows
1. I am the secretary(i/c) of the Bar Council of Tamil Nadu and Puducherry, the writ petitioner herein and as such I am well acquainted with the facts and circumstances of the case, I am competent and authorized to swear to the present affidavit and I am filing this writ petition as a Public Interest Litigation.

2. I submit that I am filing this present writ petition and I undertake to pay costs if any ordered by this Hon’ble court and if this Hon’ble Court finds that the above writ petition is intended for personal gain or oblique motive. I state that to my knowledge, no public interest litigation (PIL) arising on the same issue has been filed anywhere. I further state that, the public interest litigation is filed out of the funds of the Bar Council of Tamil Nadu and Puducherry and the Pan Number of the Bar Council is AAATB5945K.

3. I respectfully submit that, the petitioner does not have any personal interest in the case. The Writ petition is filed for upholding the dignity of the legal profession and judicial fraternity, as well as the majesty of the Hon’ble Courts and to protect the interest of the esteemed bench and learned bar members, who practice with high standards of morality, probity and integrity. It is the duty of the Council to protect the same and uphold rule of law. To my knowledge and belief, no case is filed regarding the matter relating to the lis involved in the present case.
4. I most humbly submit that the Madras Bar Council came into existence when the Indian Bar Council Act, 1926 came into force in the presidency of Madras form 16th July, 1928. The Fists meeting of the Madras Bar Council was held on 9th October, 1928 and it was inaugurated by the Hon’ble Chief Justice of the Hon’ble Madras High Court Sir V.N. Cooutts Trotter, Bar-at-law. In accordance with the Indian Bar Councils Act, 1926, Sir C.V. Anandakrishba Iyer kt., the then Advocates General of the presidency of madras was the first Chairman of the Madras Bar Council.

5. The esteemed council was and is serving the legal fraternity since the day of its commencement and is being the voice of the people in guaranteeing fundamental rights and in numerous occasions without any hesitation has taken the public cause to the judicial level and the administrative level in order to uphold the justice system. It is further submitted that the judicial system is the ultimate in India, since the Courts are the only place to uphold the democracy when some attempts are made to shake the basis of the fundamental rights, people have enormous belief in the system of legal set-up and always knock the doors of the temple of justice, when fundamental rights are violated. In such a system, the Bar Council by itself has now been forced to approach this Hon’ble court in order to safeguard the fundamental rights in order to protect the human dignity and to safeguard the judicial system guaranteed under the constitution of India, which has never happened in the history.

6. It is most humbly submitted that, subsequent to the Independence, the Bar Council of Tamilnadu and Puducherry was formed as a statutory body functioning under section 3 of the Advocates Act, 1961 and it is a regulatory body which performs the functions of the prescribing standards for maintaining professional etiquette among the lawyers and initiate disciplinary action against the erring advocates who become an unprofessional due to their conduct. The State Bar Council of Tamil Nadu and Puducherry have more than 1 lakh 30 thousand lawyers enrolled in its roll.

7. I most humbly submit that, the present writ petition is filed seeking a relief of mandamus directing the respondents to initiate appropriate action to protect the interest of lawyers from brutal attacks by unknown unruly elements and to safeguard court premises and for other reliefs.

8. I most humbly submit that, the Bar Council being a statutory body has taken several initiatives to protect and safeguard the rights of the lawyers. The one of the foremost duties of the State Bar Council is to protect the interest of the lawyers and to safeguard every individual lawyer from unruly elements as they perform their professional duties.

9. I most humbly submit that, several recent incidents of attacks against the legal fraternity has garnered the attention of the public and has projected the legal profession in a bad light before the general public which degrades the legal profession and the judicial institution. One such recent incident has happened on 20.11.2024 where a lawyer was attacked and hacked to death by an unruly element within the precincts of the court campus. The brutal incident took place opposite to the Hosur Court premises where the deceased lawyer was brutally attacked by an unruly element with a machete in the broad day light in front of the public at large.

10. I most humbly submit that, the incident has severely demoralized the lawyer’s community and the safety and security of the lawyers have become questionable and the lawyer’s life and their security is put into peril. The whole incident of the attack on the lawyer was witnessed by the public who were present at the scene of occurrence; the said incident has become widespread news that has spread like a wild fire among the lawyers community and the same requires necessary action from this Hon’ble court to protect the interest of the lawyers.

11. I most humbly submit that, this is not an isolated incident that has taken place where a lawyer has been brutally attacked by an unruly element in broad daylight. There are several incidents where lawyers have been attacked by these kinds of unruly elements for performing their professional duty. It is further submitted that the Bar Council in several incidents has passed several resolutions condemning the atrocities being committed against the lawyers and legal fraternity. Periodically the Bar Council of Tamil Nadu & Puducherry and the Bar Council of India had sent several representations to the concerned authorities including police officials to take stringent action against the erring individuals who commit these type of series of attacks on the lawyers, despite these representations no action has been taken against these offenders and such incidents has been continuing till date where lawyers are getting suffered at the hands of these offenders.

12. I most humbly submit that, the legal community is known for its services towards the society and for the welfare of the society. The legal community is one of the essential parts of this societal structure which uphold the basic nature of rule of law. The legal profession is known for its dignified position in the society as every individual lawyer pleads for the well being of every individual citizen of this great Nation. Undoubtedly the role of a lawyer in the justice dispensation system cannot be underestimated and the lawyer’s role in the nation building cannot be over looked. Every individual lawyer has a right to practice and profess law and it is duty of the lawyer to represent his client without any fear, however, the recent incidents of attack on lawyers has brought in a fear psychosis in the minds of the legal fraternity where the lawyers are now worrying to save their lives, kith and kin.

13. I most humbly submit that, this type of attack on the lawyers are frequently happening in the state of Tamil Nadu where one such incident took place in the Thothukudi district, where a lawyer namely Mr. Muthukumar was attacked to death by certain rowdy elements in cruel manner where the lawyer suffered serious injuries and succumbed to the same. In another incident an advocate was murdered by his own client where the advocate’s body was burnt by the client. The deceased advocate was identified as Christopher and, in the investigation process it was uncovered that the unsatisfied client had attacked the lawyer to death over a land dispute as the client/accused was unhappy with the lawyer’s performance in his case. The said incident happened in such of brutal way where the deceased lawyer was taken by his client to the nearest coconut farm and the lawyer was hacked to death by his client with a sickle and later on the deceased body was stuffed in a sack and the body was set ablaze near a water tank. This incident sparked several controversies among the legal community and the aforesaid incident was even reported in an English daily.

14. I most humbly submit that, in another brutal incident a practicing lawyer in Saidapet Court was attacked by certain unlawful elements and the lawyer succumbed to death due to the brutal attack, the said incident gathered several attention from the general public, and the Bar federation protested for the safety of lawyer and questioned the law enforcing agencies in the state about the safety measures and law and order in the State.

15. I most humbly submit that, every lawyer after his enrollment takes an oath to perform legal and professional duty by protecting the general public and to abide by the Constitution. Every lawyer has his own duty towards upholding the rule of law. The lawyer’s community has a strict duty towards the society and if there is any violation in performing the duties, where a lawyer is unbecoming a lawyer, then the Bar Council of India and the State Bar Council had taken several disciplinary actions against those erring lawyers by suspending the lawyers and at times where it warrants, by debarring the lawyers. These punitive measures are imposed on lawyers to safeguard the dignity and sacredness of this legal profession, however, the recent incidents of attacks on lawyers has projected this legal profession in the degrading manner before the larger public thereby, affecting the sanctity of this profession. I further submit that this petitioner statutory body in several incidents has taken serious action against erring lawyers by issuing prohibitory orders against such individual advocates to protect the nobility of the profession and several erring lawyers who are involved in criminal cases viz. murder, dacoity and other offences have been removed and at times suspended by the Bar Council of India for maintaining the nobility and reputation of this noble profession.

16. I most humbly submit that, this being the situation, the attack on lawyers by unruly elements show cases the legal profession to the larger public in bad light which degrades its sanctity. The lawyer’s community has faced these incidents increasingly in the past decade where the lawyers are being subjected to these types of attacks at the hands of these rowdy elements.

17. I most humbly submit that the aforesaid incidents have put several lawyers in fear psychosis where lawyers are getting sacred to represent their clients especially in criminal matters even after representation sent by the State Bar Councils for protecting the lawyers interest, however, the said representations have not been acted upon by the concerned authorities especially by law enforcing agencies who have to act as the custodian of law.

18. I most humbly submit that, the lawyers are being subjected to these types of attacks due to the lethargic attitude and lack of safety measures by the government institutions in safeguarding the rights of the lawyers. In one recent incident a lawyer namely Mr. Joseph Raj was attacked by the rowdy element, where the advocate was brutally attacked on the head by sickle and the lawyer’s head was disfigured and the lawyer succumbed to death. Like this, several incidents have occurred throughout the state of Tamil Nadu against the lawyers.

19. I most humbly submit that, the Bar Council of Tamil Nadu and Puducherry were appraised about these incidents and the recent incident that has happened in the front of the Hosur Court premises and the State Bar Council has immediately decided to file this Writ petition seeking urgent intervention of this Hon’ble Court protecting the interest of lawyers.

20. I most humbly submit that, the advocate profession is a noble profession where advocate has a duty towards his client to safeguard the interest of his client by following the rule of law. The advocates have duty towards protecting this legal institution at all instance and the role of an advocate in this justice dispensation system cannot be undermined as they play a vital role in this institution and this system. To maintain such dignity and structure it also become necessary that the rights and interest of lawyers have to be protected. The Bar Council in several incidents has taken several preventive measures to safeguard the lawyers, however, these recent incidents of attack on lawyer have sparked debate over the legal community as to what safety the lawyers have while discharging their professional duties. While this being the debate among the lawyer’s community on the other hand the public at large are viewing the lawyers in a wrong sense as if the lawyers are committing crimes and are blaming the lawyer for no mistake of theirs. These incidents have made the larger public lose their faith on the legal fraternity especially the lawyers.

21. I most humbly submit that these incidents have castigating effect on the legal profession and especially on the lawyers and their rights are at stake that needs to be protected, therefore, with no other alternative and efficacious remedy available to the petitioner, the petitioner has approached this Hon’ble Court under Article 226 of the Constitution of India.

22. Prima facie case and balance of convenience lies in favour of the petitioner for grant of orders and serious prejudice and irreparable loss would be caused to the legal fraternity, if necessary directions sought are not provided. Hence, it is just and necessary to file this present writ petition.

Therefore for the aforementioned reasons, it is most humbly prayed that this Hon’ble Court may be pleased to issue a Writ in nature of Mandamus directing the respondents to take appropriate action against the erring unruly elements and to provide necessary security in and around all the court premises throughout the State of Tamil Nadu and Puducherry and to place appropriate security check measures with security check points with metal detectors and security cameras in and around the Court premises to regulate the movement within the Court premises and for any other appropriate relief as this Hon’ble court may deem fit and proper in the interest of justice and thus render justice.

Solemnly affirmed at Chennai Before Me
On this the 21st day if November
2024 and signed her name in my
Presence Advocate, Chennai