CHENNAI: Practicing law is a fundamental right, the bar association is not empowered to restrain or prevent any one from appearing before the Court, said the Madras High Court and quashed the order suspending a lawyer.
Since practising law is a fundamental right of a lawyer enunciated under the Constitution, such right cannot be taken away by merely suspending a member of the bar association or causing inconvenience to him from practising law in Court premises, wrote a division bench of Justice SM Subramaniam and Justice C Kumarappan while allowing a petition moved by a lawyer.
The impugned order suspending the petitioner passed by the bar association, Tambaram is unnecessary and and such attempt hereinafter to be avoided, wrote the bench.
"Freedom of speech and practice being basic right, the members of the bar association is expected to respect the rights of others", read the judgment.
The petitioner V Senthil, a member of bar association Tambaram, moved the petition seeking to quash the order suspending him from appearing before the Court.
He claimed that contrary to the resolution passed by the bar association he appeared before the Court, hence the bar association issued the notice suspending him.
However, the bar association denied the allegations and said that the petitioner has abused the members of the bar association and he is frequently causing inconvenience, hence he was suspended.