(Prayer in WP.No.4344/2000: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondent herein to take steps against the untoward happenings like chaos, galattas and other violence attitudes like struggling, chaos, galattas, 'Kodumpavi' burning and making noise in the verandas of the Courts and the Court hall, etc., which causes disturbances to the peaceful functioning of the Courts without giving room for those unwanted incidents in future and utilise the power of the respondent herein in the High Court of Madras and other Courts under the Control of this Court.
WP.No.4925/2000: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 and 2 to send circulars to all the members of lawyers not to prevent the other lawyers who have not participated in the lawyers strike/boycott/stirs etc. from appearing in Courts on behalf of their clients, as well as to direct the 1st respondent to issue instructions to all subordinate courts to conduct cases even during boycott periods of lawyers fraternity in accordance with law and dispose of the cases by delivering appropriate orders thereof in exercise of the legitimate to judicial powers of the Courts.)
Common Order
M. Sathyanarayanan, J.
1. The petitioner / Party-in-person is absent. Learned Special Government Pleader appearing for the 1st respondent ; learned counsel appearing for the respondents 2 and 115 alone are present and though the rest of the Bar Associations have been served and their names appear in the Cause List, there is no representation on their behalf, either in person or through Advocates.
2. This Public Interest Litigation pertains to the boycott resorted to by the Advocates and untoward happenings like leading processions, shouting slogans in the Corridors of the Court premises etc.
3. The Registrar General, High Court, Madras, has filed his Report dated 13.02.2018 and it would disclose among other things that the Bar and Bench Meeting has been conducted periodically and insofar as the High Court is concerned, the security has been taken over by the Central Industrial Security Force [CISF] with effect from 16.11.2015 and after the said deployment, four incidents have been brought to the knowledge of the Registrar, by the Senior Commandant, CISF and appropriate action has also been taken and it is further averred that after such deployment, agitations, protests and demonstrations have been totally eliminated and conducive atmosphere is prevailing in this Court.
4. Insofar as the City Civil and Small Causes Courts campus is concerned, the Closed Circuit TV Cameras are in operation. It is also averred that whenever misdeed or misconduct of the Advocates is brought to the knowledge of the Registrar, the same is forwarded to the Bar Council, for taking appropriate action.
5. Thus, the report of the Registrar General dated 13.02.2018 would indicate that insofar as the High Court campus is concerned, there is no major untoward incidents after the deployment of CISF and insofar as the other Districts are concerned, the atmosphere, as of now, is generally peaceful and conducive for smooth functioning of the Courts. It is also brought to the knowledge of this Court by the Registrar General, in the Report that after deployment of CISF in the High Court Campus as well as Madurai Bench of Madras High Court, agitations, struggles or any kind of protests and demonstrations which result in chaos and nuisance and other disturbances involving violence and burning of effigies as a form of registering dissent in Verandahs inside Court Halls, had come down and as of now, no such unruly or ugly incidents take place in both campus.
6. Insofar as the City Civil Court and Small Causes Court campus is concerned, it is brought to the knowledge of this Court that CCTV Cameras have already been installed and the same are functioning and Mr.Venkatakrishnan, learned counsel appearing for the 2nd respondent / Bar Council of Tamil Nadu, has narrated an incident / happening during March 2018 as to the intimidation by persons, who called themselves as lawyers and prayed to this Court that appropriate action may be taken to abate such a kind of incidents.
7. This Court is of the considered view that CISF cover granted to the High Court Campus, shall be gradually extended to the Small Causes and City Civil Court Campus also in future.
8. In the light of the said Report and this Court also taking into consideration, the common healthy atmosphere prevailing between the Bar and Bench and further taking into consideration of the fact that the High Court has also constituted a Committee to deal with the Bar and Bench relationship in ROC.No.94707/A/2017/F2 dated 08.02.2007 coupled with the earlier Circular in PD.No.60/73 dated 16.02.1973, is of the considered view that no purpose would be achieved in keeping this writ petition. However, the Bar and Bench Meeting, shall be conducted periodically to iron out the difference and also ease out the difficulties.
9. In the event of expansion of CISF deployment to Small Causes and City Civil Court Campus, the barrigade now put up between the High Court and Small Causes and City Civil Court Campus, may also be removed as the partition put up for security purposes, may create a sense of unease among Advocates for the reason that both the campuses, remained as one and the same, prior to such partition.
10. The Registry may submit necessary proposal before the Hon'ble Chief Justice for passing appropriate orders.
11. The writ petitions stand disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed.
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