Madras HC Orders Criminal Action Against Advocate for Obstructing Execution of NBW

Madras HC Orders Criminal Action Against Advocate for Obstructing Execution of NBW

The Madras High Court has directed the police to initiate criminal proceedings against Advocate R. Balasubramanian for allegedly obstructing the execution of a non-bailable warrant (NBW) issued against his clients.

Justice P.T. Asha, presiding over the matter, noted that the advocate had not only interfered with the police in the course of their duty but also repeatedly used abusive language against the judiciary. The Court observed that such conduct had brought "discredit to the profession" and directed the Bar Council of Tamil Nadu and Puducherry to initiate disciplinary proceedings.

"Considering the fact that a member of this noble profession has acted in such a fashion which has brought discredit to the profession, Mr. C.K. Chandrasekar, learned Standing Counsel for the Bar Council of Tamil Nadu and Puducherry, present before this Court, is directed to take necessary steps to initiate proceedings against Mr. R. Balasubramanian for the aforesaid acts," the Court said.

The direction came while hearing a suo motu contempt petition against three individuals. The Court had earlier ordered the police to execute NBWs against the alleged contemnors. Though the police attempted to comply, they stated in an affidavit dated June 20 that Balasubramanian prevented them from producing the contemnors before the Court on June 18.

Balasubramanian had also filed a transfer petition on behalf of the contemnors in a property dispute. However, during the hearing, the petitioners revealed that they were unaware of the content of the transfer application, which had been drafted in English by their lawyer without their understanding. They believed they had only filed a property dispute.

Taking note of this, the Court observed:

"From examining the contemnors, it is evident that they are not aware of the contents. They have also tendered their unconditional apology. Therefore, since the contents of the affidavit are totally unknown to the contemnors and in the light of their unconditional apology, they have purged themselves of the contempt."

Accordingly, the Court closed the contempt petition against the three individuals but expressed strong disapproval of the advocate’s conduct:

"It is clear that the contents of the affidavit are also a script prepared by the counsel, which makes it all the more shocking to this Court, considering the language that has been used not only against the Judicial Officer of the Labour Court but also against the Judges of this Court."

The Court further directed the Inspector of Police, Arakkonam, to file a complaint against Balasubramanian for obstructing the police from executing the Court’s order.

Advocate V. Chandrasekaran appeared for the High Court, while Advocate S. Sugendran represented the State.

Share this News

Website designed, developed and maintained by webexy