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Suspension order in abeyance for two weeks.
In a reprieve to 5,970 advocates, who were suspended from practice on account of non-payment of the subscription fee to the Advocates Welfare Fund, the Bar Council of Tamilnadu and Puducherry agreed to keep the suspension order in abeyance for two weeks.
Madras High Court Advocates Association (MHAA)
Madras High Court Advocates Association (MHAA) represented by its president G Mohanakrishnan and secretary R Krishnakumar declare Rule 42 of the Bar Council of India Rules (Chapter-II) and the suspending of the advocates as invalid and illegal.
Professional misconduct or criminal offence
They also stated that advocates have not committed any professional misconduct or criminal offence and moreover the BCI can suspend a lawyer only on disciplinary grounds and not for paying the welfare fund.
Advocates Welfare Fund
The Advocates Welfare Fund is voluntary and non-payment of the fee or subscription would entail the only loss of the benefits under the scheme. Suspending from practice is unethical to the nature of the scheme. Moreover, no prior notice was issued to the defaulting advocates.