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No. SRO C-4a/ 2004

In exercise of the powers conferred by the Section 34 1 of the Advocates Act, the High Court, Madras, makes the following amendments to the existing Rules:

The amendments shall come into force with effect from 30-7-2004.

1. Existing Rule 1 of the Rules shall be renumbered as 1A and the following Rule shall be inserted in Rule 1:

1. These rules may be called as 8216;8216;The Rules regulating the practice of Advocates before Courts in the State of Tamil Nadu.

2. After the existing Rule 14, and before Rule 15, the following Rules shall be inserted as 14A, 14B, 14C, 14D and 14E.

Rule 14A:

i An Advocate shall, during the presentation of his case and while otherwise acting before a Court, conduct himself with dignity and self respect.

ii An Advocate shall maintain towards the Court respectful attitude bearing in mind that the dignity of the Judicial Office is essential for survival of Rule of Law.

Rule 14B:

i No Advocate shall himself obstruct or cause to be obstructed the Court proceedings.

ii No Advocate shall use indecent/ indecorous language while present in the Court or in the Court premises or presenting the case.

iii No Advocate shall himself or by any other means create disturbance affecting the functioning of the Court proceedings.

iv No Advocate shall hold demonstration, procession, etc in the Court premises causing disturbance to the Court proceedings.

v No Advocate shall act with incivility, rudeness or disrespectful conduct towards the Presiding Judge.

vi No Advocate shall directly or indirectly malign a Presiding Judge or a Court.

vii No Advocate shall directly or indirectly, either individually or joining with others, storm the Court rooms and disturb the functioning of the Court proceedings.

viii No Advocate shall make disparaging and discourteous remarks against the Presiding Officer of a Court.

ix No Advocate shall speak ill of the Judges or make disparaging remarks about the proceedings of a Court.

x No Advocate shall use insulting language and resort to offensive conduct towards Presiding Judge or Court personally for judicial acts.

xi No Advocate shall use, either in writing or spoken language, reflecting unjustly on the character or integrity of Presiding Judge either inside or outside the Court

xii No Advocate shall impute feeling of social antipathy towards a Presiding Judge or Court and charge the Judge allowing such feelings to influence him in passing orders.

xiii No Advocate shall make statements in open Court or otherwise impugning fairness and impartiality.

xiv No Advocate shall proclaim that he owes no allegiance to Courts and has no faith in Courts.

xv No Advocate shall make or cause to make attacks or reckless and unfounded charges of impropriety or inattention to Presiding Judge.

xvi No Advocate shall himself present or cause to be presented petition statements, representations, pleadings and such matters making scurrilous or scandalous allegations.

xvii No Advocate shall make charges of bribery against a Presiding Judge which he knew to be false or which he knows that he has no reasonable prospect to sustain the charges.

xviii No Advocate shall in any manner attempt to avoid or gain or cause to avoid or gain by making scurrilous or scandalous or defamatory allegations.

xix No Advocate shall publish or circulate or issue or cause publication of any material or any bills etc containing false, scurrilous or scandalous matters as regards Courts.

xx No Advocate shall obstruct the entry into Court premises or Court halls of any other Member of the Bar or litigant public who enter the Court or the Court halls in the discharge of their professional duty of appearing in Court and assisting the Court in the administration of justice or who come forward to seek justice.

xxi No Advocate shall use intemperate language or indecent language against other Members of the Bar while presenting his case or while conducting the proceedings and shall not cause any fabrication of Court proceedings resulting in the obstruction of Court proceedings.

xxii No Advocate shall, either by himself or in association with other Advocates, indulge in strike or boycott of the Courts.

xxiii No Advocate shall, either by himself or in association with other Advocates, undertake fast inside the Court or within the precincts of the Court.

xxiv No Advocate, who had been committed for the contempt of Court, shall be permitted to practice in any Court during the currency of the punishment.

xxv No Advocate, against whom an order of stoppage of appearance in the Court has been passed by the High Court, shall be entitled to enter into the precincts of any Court.

Rule 14C:

The High Court shall have the power to stop appearance of an Advocate committing breach of Rule 14B or any one or more clause, upto a period of one year:

a Provided that before exercising the power, the High Court shall afford reasonable opportunity to the concerned Advocate to show cause as to why such action should not be taken against him;

b Provided further that the High Court may review or modify such order either on application or suo motu and pass such orders as the High Court deems fit.

Explanation: Any of the misconducts enumerated in Rule 14B shall, even if committed against a Single Bench, a Division Bench or a Larger Bench, be construed as misconduct against the entire High Court.

Rule 14D:

Any violation of Rule 14B committed before any Court subordinate to the High Court shall be reported to the High Court for appropriate action and the High Court may deal with it under Rule 14 C, besides taking such other action as the facts may warrant under any other provision of law.

Explanation: For the purposes of construing the words 8216;8216;High Court8217;8217; occurring in Rules 14C and 14D, the 8216;8216;High Court8217;8217; shall mean the Administrative Committee and whatever decision taken by the Administrative Committee shall be deemed to be the decision of the High Court. Such Administrative Committee, as an interim measure, shall be entitled to immediately restrict the entry of such Advocate, against whom an enquiry for misconduct enumerated in the above Rules has been initiated, pending final decision of the Administrative Committee. Such a decision shall not exceed a period of two months from the date of interim order and within that two months, the final decision shall be taken by the Administrative Committee.

Rule 14E:
No Advocate appearing as a litigant-in-person shall argue wearing his robes and bands.
High Court, Madras Dated: 30th July 2004