V MURALEEDHARAN NAIR Vs. N J ANTONY

JUDGEMENT

(1.) Shri N. J. Antony is a member of the Kottayam Bar. Shri James Joseph is an Engineer. They were standing in the courtyard of a church compound on the side of a road. A young Police Sub Inspector came in his jeep. He assaulted the Engineer and abused the Advocate. They were taken to the police station and wrongfully detained. This in brief is the case of the advocate; what followed is material.

(2.) Antony filed a criminal complaint, against the Police Sub-Inspector S. T. No. 40 of 1983 before the Chief Judicial Magistrate, Kottayam, alleging that he committed an offence under S.342 of the Indian Penal Code. The Bar Association. Kottayam considered the incident as an assault on the profession itself. They passed a resolution to the following effect:

(3.) The petitioner, the Sub-Inspector has filed this application for transfer of the case from the C. J. M's Court, Kottayam to any court outside Kottayam District alleging that it is difficult for him to obtain wise counsel and competent advocates at Kottayam to conduct his case and defend him. The hostile attitude of the Bar, does not assure, according to him, calm, cool climate even in court. He also submits that in fact he has approached several advocates at Kottayam who have refused to appear for him. He is thus denied even the basic right of a counsel to defend him.