BEFORE THE SPECIAL COMMITTEE OF THE BAR COUNCIL OF TAMIL NADU AND PUDUCHERRY PRESENT. Mr. Vijay Narayan, Advocate General, Chairman

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1 BEFORE THE SPECIAL COMMITTEE OF THE BAR COUNCIL OF TAMIL NADU AND PUDUCHERRY PRESENT Mr. Vijay Narayan, Advocate General, Chairman Mr. R. Singaravelan, Senior Advocate, Member Mr. N. Chandrasekharan, Member Dated the 06 th Day of August 2018 PROCEEDINGS Order of interim suspension along with the charge memo in exercise of the powers conferred under section 6(1)(a), 6(1)(c), 6(1)(h), 6(1)(i) R/W section 35(1), 35(3) of the Advocates Act, Whereas, on , at about A.M you, Thirumathi L.Shika Sarmadan, Advocate bearing Enrollment No. 1191/1999 on the roll of the Bar council of Tamil Nadu and Puducherry was travelling in a car bearing registration No. TN 02 BD 9446 Hyundai i20 driven by your husband Thiru. S.Sahul Hameed, who is also an Advocate enrolled on in Enrollment No. 1249/2001on the roll of Bar Council of Tamil Nadu and Puducherry. 2. Whereas, a car of a Hon ble Judge of the Madras High Court bearing Registration No. TN 03 BG 5000 INNOVA, over-took the car driven by your husband and was proceeding to the High Court along with the Hon ble Judge of Madras High Court. 3. Whereas, the car driven by Thiru. S. Sahul Hameed, bearing Registration Number TN. 02 BD 9446 Hyundai i20 forcibly overtook the Hon ble Judge s car by continuously blowing the horn and thereby creating a fear in the mind of the common people and the Hon ble judge travelling in that car. After by-passing the car of the Hon ble Judge you both cut in front and stopped the Hon ble Judge s car on the side of the road and started scolding the driver of the Hon ble Judge s car in a filthy language, knowing fully well that it is a Judge s car and that a High court Judge was traveling in that car proceeding to the Madras High Court for official duty. This

2 unfortunate and shocking incident had taken place on the crowded road witnessed by all the passers-by and the members of the public. 4. Whereas, by doing so you have damaged the faith and confidence of the people on the Honorable Judges and the judiciary as a whole and thereby constructed yourself in an un-professional manner. 5. Whereas, again on you both have gone to the residence of the Hon ble Judge and scolded the driver of the car in a filthy language by questioning the authority of the Hon ble Judge in front of the Hon ble High Court Judge, when the driver was urgently cleaning the car to take the Hon ble Judge to the High Court and the same was also witnessed by so many people and thus you have damaged the reputation of the judiciary and shaken the confidence of the people. Prima facie, this would also amount to a professional misconduct. 6. Whereas, you undertook an oath at the time of enrollment in the Bar Council of Tamil Nadu and Puducherry in the following words, I do solemnly swear that I shall uphold the Constitution of India and Rule of Law; That I shall maintain the respect due to courts of justice, judicial officers and members of my profession and will at all times conduct myself with dignity becoming of an officer of the court in which I appear: That I shall at all times conduct myself in accordance with the Rules of Professional Conduct and Etiquettes as prescribed by the Bar Council of India / State Bar Council from time to time and as reflected in this noble profession including ethical duties and moral values. 7. Whereas, after taking oath to uphold the Constitution of India and the rule of law, you have damaged the reputation and the status of the Hon ble High Court Judge, in a public place. 8. Whereas, the Constitutional Bench of the Hon ble Apex Court in number of cases, particularly in Ex-Capt. Harish Uppal Vs- Union of India reported in 2003(2) SCC 45 at paragraph 34, The Bar Council of Maharashtra Vs- M.V.Dabholkar, (1976) 2 SCC 291 Para 15 at P.298 and D.P.Chadha Vs- Triyogi Narayan Misra

3 Reported in 2001 (2) SCC 221 has categorically held and reminded the duty of an Advocate and the Power of the Court and the Bar Council and as an advocate you must have been aware of the same. 9. Whereas the conduct of both of you as set out in the complaint dated given by the Personnel Security Officer (PSO) of the Hon ble Judge of Madras High Court is not only shocking but would prima facie, amount to gross professional misconduct. 10. Whereas a necessity has arisen in public interest to place both of you under interim suspension of practice prohibiting you to practice in any Court or Tribunal or Quasi- Judicial Tribunal within the Territory of India until further orders to protect and uphold the confidence and faith of the people on the Hon ble Judges and Judiciary. 11. Whereas you are hereby directed to submit your explanation on the complaint given by the PSO of Hon ble High Court Judge dated , within 15 days from the date of receipt of this order, for the following charges:- I. That, as per the complaint dated , on at about AM. you, Tmt. L. ShikaSharmadan Advocate enrolled on the roll of the Bar Council of Tamil Nadu and Puducherry in Enrollment No.1199/1999 along with your husband Mr. S. Shahul Hameed, whose Enrollment Number is 1249/2001 having been enrolled on , forcibly overtook the car of the Hon ble Judge of the Madras High Court bearing Registration No. TN 03 BG 5000 Innova, knowing fully well that the same was the Hon ble Judge s Car and the Hon ble Judge was sitting inside the car and proceeding to the High Court to discharge his duties and stopped the same by parking your car bearing Registration No.TN. 02 BD 9446 Hyundai i20 across the car of the Hon ble Judge and abused the Driver of the Car in a filthy language and questioned the authority of the Judge and thereby created an ugly scene in public damaging the dignity and

4 constitutional sanctity attached to the post of the Hon ble Judge of a High Court. II. That on again you both are alleged to have gone to the house of the Hon ble Judge at about AM when the Driver of the car was cleaning the car for taking the Hon ble Judge to the Court and entered into a wordy quarrel by abusing him in a filthy language damaging completely the image of the Hon ble High Court Judge in the eyes of the members of the public. III. That by doing both the above serious misconducts, as stated in the complaint, you have brought total disrespect not only to the Hon ble Judges of the High Court but to the entire lawyer community and made the judiciary and legal profession the subject matter of mockery. IV. That by doing both the above misconducts you have made serious attempts to prevent the Hon ble Judge from discharging his duties freely, fearlessly and peacefully. 12. If no suitable explanation is received within 15 days from the date of receipt of this order, the matter will be referred to the Disciplinary Committee for enquiry under section 42 of the Advocates Act, The above order of suspension of practice by way of an interim measure is passed along with the Charge Memo in exercise of the powers conferred on the State Bar Council under Sec.6 (1) (a),(c),(h) and (i) R/W Sec.35 (1) and (3) of the Advocate Act, The Secretary of the Bar Council is directed to communicate this order to the learned Registrar General of Madras High Court and the Registrar of the Madurai Bench of Madras High Court for effective implementation of the same apart from communicating the same to all concerned through the Bar Council Website.

5 LIST OF DOCUMENTS:- The Complaint of the Personnel Security Officer (PSO) of the Hon ble Judge dated (Copy is annexed along with this order) LIST OF WITNESSES:- 1. PSO of the Hon ble Judge. 2. Driver of the Hon ble Judge. 3. House-maid of the Hon ble Judge. 4. Peon of the Hon ble Judge. Sd/- xxxx Sd/- xxxx Sd/- xxxx (VIJAY NARAYAN) (R. SINGARAVELAN) (N. CHANDRASEKHARAN) ADVOCATE GENERAL SENIOR ADVOCATE MEMBER. CHAIRMAN. MEMBER.