Madras HC Directs media not to Publish names of Lawyers and Judges while reporting Court matters
he is a practitioner of law. If a practitioner of law is seeking to use the
platform of High Court for purposes of gaining popularity and publicity, so
that he will be able to attract more number of clients, if not the alleged
victims themselves in this case, it would amount to an unethical practice of
soliciting work on one's part. When once the Code of Conduct is prescribed by
the Bar Council of India to be always adhered to and followed by every
practitioner of law, any attempt to overreach the situation and also to
breach it, even in an indirect manner, as has been done in the present case,
it must attract necessary corrective action.
We therefore, direct the Registrar (Judicial) of this Bench to
place a copy of the affidavit filed by the writ petitioner in this case
before the Bar Council of Tamil Nadu and Puducherry at Chennai for initiating
necessary action for the breach of Code of Ethics and professional conduct by
the writ petitioner. In the event the Bar Council agrees with our prima facie
opinion that the writ petition is instituted by a practicing lawyer, seeking
publicity and mileage for his professional activity rather than propelled by
genuine desire to protect the larger public-good and interest, the Bar
Council shall take appropriate action. We hope and trust that the Bar
Council will be placing its 'action taken report' before this Court within a
period of six months.
6.Often times, we have been noticing that the Print and
Electronic Media is carrying on publication of the names of legal
practitioners as well as the names of the Judges of the High Court concerned,
who dealt with particular cases, publication of names of practitioners who
may have appeared for one party or the other in a particular case can lead to
an indirect method of soliciting or indulging in advertisement of the
professional abilities or skills of the advocates. We, therefore, direct the
Registrar (Administration) of this Bench to immediately circulate
instructions to all Print, Electronic and Media Houses not to publish the
names of the practitioners as part of news item.
7.We also direct, for the present, the Registrar (Administration)
to request the Print, Electronic and Media House, not to publish the
individual names of the Judges unless it is so essentially required. The
reason being every Judge of the High Court is carrying on with his work
sitting in a particular division/roster as assigned by My Lord The Hon'ble
Chief Justice. The Judges do perform their duties dispassionately and to the
extent possible by not allowing their individual notions and philosophies to
be a guiding factor in deciding the causes brought before them. Therefore,
we feel that the names of the Judges should not be published and on the other
hand, the name of the High Court alone should be published.
8.We further direct the Registrar (Administration) to place this
matter before My Lord The Hon'ble Chief Justice, so that appropriate
instructions can be issued in this regard by My Lord The Hon'ble Chief
Justice.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.08.2016
CORAM
THE HONOURABLE MR.JUSTICE NOOTY.RAMAMOHANA RAO
and
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
Writ Petition (MD) No.15480 of 2016
and
W.M.P(MD)Nos.11379 to 11381 of 2016
S.Baskar Mathuram ... Petitioner
Vs.
The State of Tamil Nadu,
https://www.lawweb.in/2016/08/madras-hc-directs-media-not-to-publish.html
