Madras High Court orders Madras Bar Association to pay ₹5 lakh compensation after non-member prevented from drinking water by member

In what could perhaps be an unprecedented order, the Madras High Court Thursday directed the Madras Bar Association (MBA) to pay ₹5 lakh as compensation after a lawyer was prevented by another lawyer from drinking water from MBA's office premises on the ground that the former was not a member of the MBA. .In an order passed on Thursday, Justice SM Subramaniam directed the MBA to pay the compensation amount to Senior Advocate Elephant G Rajendran, whose son R Neil Rashan, a junior lawyer was allegedly prevented from drinking water at the Association's office premises by Senior Advocate late PH Pandian.The Court held that the alleged incident, which took place in 2012, was despicable and that discriminating against one on the grounds of class must also be construed as 'untouchability' and thus, a breach of constitutional guarantees.Justice Subramaniam also directed MBA to distribute admission forms to all lawyers desirous of becoming its members and to consider the applications without discriminating against anyone on the grounds of their religious, social, or economic status. .The judge further took note of allegations of elitism against the MBA and said that while one was free to create exclusive clubs based on "intelligible differentia," such right cannot be claimed by an Association such as the MBA that was housed in a public premise and used public money to fund its facilities. "Creating an Elite Community within the Lawyers Group may fall under the Fundamental Right of 'Right to Association'. However, such Associations can be constituted outside the premises of the High Court Buildings, without enjoying the public premises or tax payer's money. Within the premises of the Public Institution such discriminations are impermissible and would cause not only heart-breaking issues but violative of fundamental right of the citizen of our Great Nation. Therefore, creating a separate class of Lawyers at the cost of public by utilising public premises, at no circumstances, be allowed and a Lawyer once entering into the High Court premises must have access to an Association of his choice to become a member or to utilise the infrastructural facilities provided at the cost of the public in public buildings," High Court said..The Court was hearing a petition filed by Rajendran alleging that on January 6, 2012, his son Rashan took a tumbler of water from the Madras Bar Association office located within the Madras High Court premises. However, just as Rashan brought the tumbler to his mouth, Senior Advocate Pandian spotted him and snatched the tumbler away saying Rashan was not allowed to drink the Association water. Rashan felt extremely hurt and humiliated, the petitioner said. He then decided to file the present petition bringing the episode of injustice and other routine practices of discrimination and elitism at the MBA, Rajendran told the Court. He argued that the MBA office was located inside the Madras High Court building, a public building. He further said that MBA's infrastructure facilities such as drinking water, access to toilets, internet, electricity etc. are funded from public exchequer and therefore, no lawyer, whether a member or a non-member, can be denied access to such facilities. .The MBA did not confirm the veracity of the allegation made by Rajendran about the treatment meted out to his son, but said that over the years, it has provided two drinking water containers that could be used by members as well as non-members. The MBA also urged the Court to close the case considering that Rashan had died in an unconnected road accident while the matter remained pending, and that advocate PH Pandian, the Senior Advocate who allegedly denied him access to drinking water, had also passed away..Justice Subramaniam however, said that social issues did not die with the death of a person. "However, this Court formed an opinion that social issues never die with the persons. Death of persons cannot put an end to serious social issues raised in the present writ petition directly relating to the affairs in the Justice Delivery System. Merely closing the writ petition cannot be a way out, but the issues raised between the parties are to be addressed in the interest of the judiciary," the Court said.It, therefore, ordered MBA to pay compensation of ₹5 lakh to Rajendran. .The High Court also directed the MBA to admit Senior Advocate A Mohandoss and advocate S Mahaveer Shivaji, whose applications for membership had remained pending for several years, as its members within a week from the Court's order..Advocate Elephant G Rajendran appeared in person.Advocate Karthik Ranganathan appeared for the Registrar General of the High Court, the first respondent in the case. Senior Counsel M.S.Krishnan and VR Kamalanathan appeared for the respondent MBA. Senior Advocate A Mohandoss and advocate S Mahaveer Shivaji, both respondents in the case, appeared as parties in person. .[Read Order]