Madras high court’s order suspending bar council chief stayed

NEW DELHI - The Supreme Court Wednesday stayed the Madras High Court order suspending senior counsel R.K. Chandramohan from membership and the chairmanship of the Tamil Nadu Bar Council (TNBC).

An apex court bench of Justice D.K. Jain and Justice H.L. Dattu stayed the operation of the order after senior counsel Mukul Rohtagi told the court that the high court did not have the power of suspending Chandramohan from the membership and chairmanship of the bar council.

Chandramohan is currently at the centre of controversy after it was alleged that he acted on behalf of the then communications minister A. Raja in influencing Madras High Court judge R. Reghupathy for the grant of bail to two family friends of Raja.

The apex court also stayed the high court direction to Bar Council of India (BCI) to investigate the complaint pending with the Tamil Nadu Bar Council on the subject.

Rohtagi wondered how could a writ of Quo Warranto (issued against a person who claims or holds a public office by a court inquiring ‘by what authority’ the person supports his or her claim) lie in the case of statutory appointments and for directing the suspension of Chandramohan as the bar council chairman.

Contending that the high court had done something which the apex court can’t do, he said the high court said whatever Justice Reghupathy had said about the incident in his chamber on June 12, 2009 was “gospel truth” and wondered what was the scope for an inquiry after this.

At this, the court asked the respondent how he could move the high court for a writ of Quo Warranto. “We want to understand how Quo Warranto lies in the matter. How does it lie”, the court asked.