The Madras High Court has directed the police to take strict action against individuals involved in land grabbing, including lawyers who participate in such unlawful activities..Justice Sunder Mohan also observed that many junior lawyers indulge in such acts due to financial constraints and urged the Bar Council to support these lawyers in finding placements with Senior Advocates.“The above directions are made keeping in mind the fact that the junior lawyers who have no guidance and are in financial need are indulging in such activities not realising the fact that such activities, would not only affect their careers but, as stated earlier, bring disrepute to the noble profession,” the Court said.It passed the direction while ordering the Bar Council of Tamil Nadu and Puducherry to conduct an inquiry into the alleged involvement of lawyers in a land grabbing case.The Court said the Bar Council may consider directing the accused junior advocates, who have no bad antecedents, to appear before its disciplinary committee so that their professional work can be monitored on a monthly basis.“This Court also directs the Director General of Police, Chennai, to issue suitable instructions to the Station House Officers to take stern action against not only the parties concerned but also the lawyers who indulge in such activities in future. The Bar Council of Tamil Nadu and the lawyers' Associations shall render cooperation to the police officials in dealing with such activities with an iron hand,“ the Court said in a general direction to the police. .The directions were issued while granting anticipatory bail to three accused, including a lawyer, in a case where a group of lawyers had allegedly forced their way into a disputed property, damaged items and CCTV cameras and memory cards and assaulted employees and security personnel.The case against the petitioners (accused) was that they, along with some lawyers, forcefully entered the property of the complainant, attempting to evict them while citing an injunction order from the District Munsiff Court. .While seeking anticipatory bail, the petitioners claimed the property originally belonged to them and that the lawyers were only present to explain a court order.They denied having made any forceful entry. However, the Government Advocate argued that despite having an injunction, the petitioners misused the legal professionals to take possession unlawfully. The Court was also told that lawyers were being mobilized through WhatsApp groups to interfere in property and financial disputes, using legal profession as a cover for criminal acts..The Court observed that the lawyers involved in the case had behaved like henchmen for the litigants, losing sight of the fact that they are part of a noble profession."The lawyers have acted as henchmen for the litigants. They are expected to use the brain and not the brawn. The instant case confirms that some of the lawyers, unfortunately, have forgotten / or not been told that they belong to a noble profession. It is also informed by the learned Government Advocate (Crl.Side) that this has been done in an organized manner, where lawyers have WhatsApp groups and junior lawyers are engaged to specifically indulge in such activities and get away under the cloak of this profession," it observed..The Court thus ordered the State police to provide Bar Council the list of lawyers involved in the case for an inquiry against them. .The Court granted bail to the two of the accused with the direction that they pay ₹3 lakh to the Tamil Nadu Legal Services Authority, in addition to depositing ₹10 lakh to the credit of the case. The third accused was ordered to be released on bond of ₹25,000. Senior Advocates SR Rajagopal, A Ramesh and S Prabakaran appeared for the petitioners.Government Advocate S Santhosh appeared for the respondents..[Read Order]
