Amended Advocate Rules on hold for all practical purposes: Madras HC [Read Order]

Through an interim order, the First Bench of Madras High Court on Tuesday reiterated Judiciary’s stand that the new amended Advocates Rules have been kept in abeyance for all practical purposes.“Practically the Rules are already in abeyance for the time being, as the deliberations before the Committee are in progress,” the Bench comprising Chief Justice S.K. Through an interim order, the First Bench of Madras High Court on Tuesday reiterated Judiciary’s stand that the new amended Advocates Rules have been kept in abeyance for all practical purposes. Responding to the prayer, the Bench observed, “The prayer for keeping the Rules in abeyance has been answered in view of the said prayer being sub-served by the resolution of the Full Court dated June 16, followed by the clarification issued by the Registrar General through a press release dated July 23.” It made reference to the meeting of the Full Court, which had resolved, “That the Chief Justice’s assurance to the representatives of the Bar Council and the Bar Associations that pending examination of the Rules, no precipitative action will be taken, will continue to operate, subject to the advocates and/or Bar Associations withdrawing the boycott and/or the strike and resuming work forthwith, failing which, necessary action as per norms already laid down, would follow.” Through a press release, this resolution was clarified to mean that no action would be initiated under the Rules, till the deliberations are concluded by the committee. The Association, in its resolution had said that these amendments “constitute a serious threat to the independence of the legal profession and will prevent advocates from discharging their duties without the constant fear that any emphatic and assertive argument will result in a judge terming it as “browbeating” leading to their debarment.” The Chief Justice of Madras High Court had then assured BCTP that no action would be taken against advocates in furtherance of the Advocates Act, till a decision is taken on the recommendations put forth by the Bar Associations.