HC slams lawyer for derogatory language in petition

The Madras High Court today slammed an advocate who used derogatory language in his petition while seeking to restrict relatives of politicians from contesting in polls, and imposed a fine of Rs 10,000 on him.
The court also directed that the fine should be paid to Mediation and Reconciliation Centre within two weeks.
The First Bench, comprising Acting Chief Justice Rajesh Kumar Agrawal and Justice M Sathyanarayanan, dismissed the petition of advocate R Balasubramanian, who sought to restrict politicians' relatives from contesting Parliament and Assembly polls and also a direction to the President, Chief Election Commissioner and Tamil Nadu Chief Electoral Officer, to whom he had sent representations.

On the advocate's earlier petition, in which he had used derogatory language, the bench said it had not imposed costs on him, thinking that as an advocate he would realise his role and responsibilities and desist from doing so in future.
However, he had not learnt his lesson, had taken a conscious decision not to mend his way and in his September 10 representation to the President and to authorities, used derogatory remarks against the sitting Member of Parliament (Rajya Sabha) elected from this state without any responsibility, the court said.
It said the court depreciated such a kind of practice by the petitioner, who claims to be practicing advocate.

On the legality of the petitioner, the Bench said in the absence of any statutory right on the part of the petitioner with a corresponding obligation on the part of the respondents, such a kind of relief cannot be issued.
The bench later dismissed the petition at the admission stage observing it did not find any merit in it and directed the petitioner to pay within two weeks Rs 10,000 to the Mediation and Reconciliation Centre, attached to the Court.
If it was not complied with, the Chennai District Collector should treat it as arrears of land revenue and take appropriate steps to recover it and to pay the Centre, the court said.