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1999 DIGILAW 493 (KER)

Chalakkudy Bar Association v. Thomas Jolly Cheriyan

1999-10-13

ARIJIT PASAYAT, K.S.RADHAKRISHNAN

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Judgment :- Arijit Pasayat, C.J. Instances are quite numerous when allegations and contra allegations are made by learned members of the Bar and Police personnel. This does not appear to be a happy situation, because learned members of the Bar and Police officials occupy important positions in the society and their role for preserving of sanctity of rule of law cannot be lost sight of. It is some times very difficult to find out the truth or otherwise of the allegations made. In many instances temporary loss of control over feelings and communication gap are responsible for the misunderstanding. When that is cleared goodwill and usual relationships are restored. 2. We are, therefore, of the view that there should be a permanent Committee to look into such matters where representatives of the Bar and the Police personnel shall be members. We accordingly direct the Committee to be constituted with the following personnel: 1. The Advocate General of the State. 2. The Director General of Police. 3. Three members of the Bar to be nominated by the High Court Bar Association, including its President. 4. The Superintendent of Police of the concerned area. (If however, the allegations are against the Superintendent of Police, any police officer above the rank of the Superintendent of Police to be nominated by the D.G.P.) 5. The President of the Bar Association, to which the complainant - Advocate belongs (except High Court Bar Association, whose nominees are already there). 3. The Advocate General shall be the Convenor of the committee, which shall meet atleast once in three months and look into the grievances made and shall try to iron out the differences to bring about amity and goodwill among the concerned members of the Bar and the Police personnel. The Committee may also meet as and when necessary considering the gravity of the situation and the factual background involved in case a complaint is received. 4. In case it is found out by the Committee that it is not possible inspite of best efforts to arrive at an amicable arrangement, the parties shall be permitted to avail such statutory remedy as is available in law. The present cases shall also be considered by the Committee. Copy of the judgment shall be handed over to learned counsel for the State for necessary compliance. Petitions are disposed of.