Court highlights increasing trend of practising advocates involved in criminal cases aspiring for leadership roles in Bar Associations, calls for comprehensive study and policy measures.
In a significant development, the Madras High Court has flagged a worrying trend involving practising advocates who are facing criminal charges yet seek to hold leadership positions in Bar Associations. The court, in its order dated July 23, 2026, underscored the need for the Bar Council of India and the Bar Council of Tamil Nadu and Puducherry to conduct a detailed study and frame guidelines to address this pressing issue.
Justice D. Bharatha Chakravarthy, while hearing a petition filed by advocate B. Jagadeeshwaran, expressed concerns over the increasing number of criminal matters involving practising advocates. The court noted that it regularly encounters 30 to 40 such cases, which raises questions about the credibility of the legal profession and the justice delivery system.
The court observed that the presence of advocates with serious criminal allegations in leadership roles within Bar Associations could potentially undermine the integrity and values of the legal profession. It emphasized that advocates are officers of the court and play a crucial role in the justice delivery system.
The judgment points out two categories of cases: one where advocates were accused in criminal cases before their enrolment, and another where allegations persist even after enrolment. The court stressed the need for Bar Councils to frame policies regarding enrolment and eligibility for holding office in Bar Associations.
In an effort to gather empirical data, the court suggested that Bar Councils engage researchers or form committees to survey the number of practising advocates facing criminal charges. This study should include the nature of offences, the period of commission (before or after enrolment), and the involvement of office-bearers of Bar Associations in criminal cases.
The court has impleaded the Bar Council of India and the Bar Council of Tamil Nadu and Puducherry as party respondents to facilitate the collection of data and the framing of informed policy decisions. The court's order allows the police to proceed with their investigation and file a counter-affidavit, with a direction to list the case for further hearing on August 24, 2026.
This proactive step by the Madras High Court aims to ensure the integrity of the legal profession and maintain public confidence in the justice system. The court's directive is expected to prompt a comprehensive review of current practices and the implementation of stringent guidelines for the legal community.
Bottom Line:
Concerns raised regarding practising advocates facing criminal prosecutions and their eligibility to hold positions in Bar Associations. Court urges Bar Councils to frame guidelines and conduct research to address this growing issue.
Statutory provision(s): Criminal Procedure Code, 1973 Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528.
B.Jagadeeshwaran v. State, (Madras)...: Law Finder Doc id # 2949323
