TN Bar Council Special Committee members respond to AG Vijay Narayan’s allegations

Senior Advocate R Singaravelan and Advocate N Chandrasekharan of the Tamil Nadu Bar Council Special Committee have written to the Bar Council of India (BCI), communicating their willingness to have a retired judge of the High Court oversee the TN Bar Council elections..In doing so, they have also responded to specific apprehensions raised by the Chairman of the Special Committee and Advocate General Vijay Narayan, that the polls may be tainted by questionable practices of persons on the Committee..Among other things, Narayan had raised concerns that Singaravelan and Chandrasekharan had been appointed to act at the behest of Senior Advocate S Prabhakaran, who is the State Bar Council’s representative at the BCI. Specifically, it had been alleged that tactics were being employed to delay the conduct of the Bar Council elections beyond the time prescribed for the same by the Supreme Court..Responding to the claims made by Narayan, Singaravelan and Chandrasekharan released an eleven-page representation addressed to the BCI, intended at bringing forth all the facts and events taken place in the Bar Council of Tamil Nadu for the past two months..In his letter, Narayan had questioned the manner in which the two members were appointed to the Special Committee. He had expressed his discontent in the appointments having been made without any form of consultation with the AG’s office or, in the alternative, the Chief Justice of the High Court. Ultimately, he had alluded to the appointments having been made to benefit S Prabhakaran..In response, the letter released by Singaravelan and Chandrasekharan asserts that neither were they aware as to why they were appointed, nor were they eager to accept their post knowing that they were likely to be crucified for not compromising on any illegality and injustice, which may definitely irk and pinch many..Further, it is pointed out that they only assumed their posts after the mentioning made before the Court, as well as “…an encomium of Thiru. Vijay Narayan given in the open Court in our favour and in favour of Thiru. S. Prabakaran.”.While the AG’s letter had raised allegations that the two members were delaying Bar Council elections with a view to helping Prabhakaran, this latest letter goes on to indicate that Narayan has not conducted or attended sufficient special committee meetings..The letter notes that a tentative electoral list for the Bar Council elections was published on December 29, 2017, in the presence of Singaravelan and Chandrasekharan. As per Narayan’s instructions, two weeks’ time was given to raise objections. Whereas a lot of objections were sent to the Bar Council and subjected to scrutiny, it is contended that Narayan had not allotted time for a Special Committee meeting for this purpose. The list only expired on January 13, 2018..The letter goes on to state that Narayan attended a Bar Council meeting on December 30, 2017, when it was a holiday. Directions passed in this meeting did not reach the Singaravelan and Chandrasekharan until much later through a WhatsApp message..“He dictated various directions by way of a letter addressed to the Secretary on 30.12.2017 treating the Bar Council and the other two Members as his subordinates without even our knowledge. We came to know about the same only on 05.01.2018 through Thiru. N.L. Rajah and we were shocked..Hence. we both addressed a letter to the Secretary, questioning the leakage of the said letter in whatsapp and the failure to bring the same to our knowledge. Though that letter also could have been published in whatsapp as Thiru Vijaya Narayanan is doing we avoided the same for the value of the post called Advocate General. Now we felt that we have committed a mistake by not bringing the letter to the notice of all of you.”.According to the letter, a motion was thereafter moved on January 6 this year by Secretary Advocate C Raja Kumar, seeking permission of the Special Committee to file a petition in the Supreme Court, to condone a delay in the conduct of elections beyond the date prescribed. Various reasons were cited for this, including clarifications as regards prospective candidates and prospective voters. However, it has been written,.“As usual, Thiru Vijay Narayan had not given time for the Special Committee meeting and hence the file was sent on circulation to both of us. As the permission was sought only to file a petition before the Hon’ble Apex Court for extension of time we gave permission to avoid contempt of any Court order.”.The reason for granting such permission has been explained as follows,.“As the Secretary is of the firm view that the list could not be finalised by them on or before 15.01.2018 as Pongal holidays intervened and lasted long upto 16.01.2018, we had no option except to grant permission.”.While the AG had indicated his opinion that the polls could have been conducted within the prescribed time limit, and that there weren’t any reasons to not obey the Supreme Court directives on this aspect in letter and spirit, the instant letter notes,.“The letter was sent to Thiru. Vijay Narayan and he gave a separate letter on 12.01.2018 declining to grant permission to file the M.P. before the Hon’ble Apex Court forgetting the fact that 15.01.2018 and 16.01.2018 are Pongal holidays.”.All the same, the letter states that in view of his objections, no petition was moved before the Supreme Court. However, it is lamented that,.“…Thiru Vijay Narayan without even knowing the same has issued the wrong message as if we intend to drag on the election process to support Thiru S. Prabakaran by filing a petition without even explaining as to how the above delay would help Thiru S. Prabakaran and how he had influenced both of us.”.Ultimately, Singarevelan and Chandrasekharan have taken the stand that in any case,.“…we do not want to be the cause for any confusion in the administration of the Bar Council and hence, we have no other option except to act according to our conscience and take a decision collectively on the basis of the majority in the interest of advocates and the BCTN. If such collective and well considered decision taken by us is questioned by Thiru Vijay Narayan, it is for the Bar Council of India to react and we are bound by that..We hold the post not for our personal gain but for choosing us to do some service to the council. When so many works are before us we are not interested in interfering with election schedule. Hence as requested by Thiru. Vijay Narayan a committee of the Retired Judges can be appointed to conduct election and [we] welcome that.”.In the meanwhile, the final voter’s list for the elections was released on January 17, 2018..Read Letter to BCI below.