Request to permit the Advocates to use the Advocate Sticker issued by the Bar Council of Tamilnadu and Puducherry.

R.O.C. No.636 of 2024 Date: 30.04.2024

To:

The Commissioner of Police,
Greater Chennai,
Veppery,
Chennai – 600 007.

Sir,

Sub: Request to permit the Advocates to use the Advocate Sticker issued by the Bar Council of Tamilnadu and Puducherry. – Reg.

The Bar Council of Tamil Nadu and Puducherry is a Statutory Body functioning under the Advocates Act, 1961 and the Bar Council of India Rules. In Bar Council, nearly 135000 advocates got enrolled and 85000 advocates are in active practice. The Bar Council is a regulatory body for the advocates and it also provides welfare measures to them.

The foremost works of the Advocate is attending the Court, starts from Munsif Court to High Court and most of the Advocates are using their own vehicle to reach the Courts, Law Chambers and Associations. Therefore, the Bar Council is issuing vehicle sticker to the Advocates particularly for entering the Courts and parking their vehicles within the Court Campus.

Further it is also brought to your notice that the Bar Council already directed the Advocates to affix only the Advocate sticker issued by the Bar Council in their vehicle and not to affix the Advocate stickers of the private agencies. In this regard the Bar Council had issued notice to all Bar/Advocates Association in R.O.C.No. 2906/2018 dated 27.10.2018 and also sent letters to the Director General of Police in R.O.C.No. 2905/2018 and 3079 of 2019 to take necessary action against those who are affixing the unauthorised Advocate stickers. Now, we once again reiterate to take action against those who are affixing the Advocate sticker not issued by the Bar Council.

It is pertinent to denote here that the Building Committee and Security
Committee of the Hon’ble High Court of Madras consisting of Hon’ble Judges of the Madras High Court has implemented parking regulation for the Advocates to park their vehicles within the campus of the Hon’ble High Court of Madras and resolution was also passed in this regard in R.O.C. No. 113019-A/2022/D8 dated 27.03.2024. For effective implementation of the same, the Bar Council has been instructed to issue Advocate Stickers to the Advocates for their identification for ingress and egress of the Hon’ble High Court. As per the direction of Hon’ble High Court, the Bar Council is issuing Advocate Stickers to the Advocates with QR Code and Bar Code.

In these circumstances, the Bar Council of Tamilnadu and Puducherry has come to know through the press note dated 27.04.2024 that a circular has been issued by the Greater Chennai Police, wherein it is mentioned that vehicles found with symbols, logo/emblems exposing as an Advocate should be removed by 01.05.2024 and from 02.05.2024
severe punitive action will be taken against the violators.

The said circular will affect the identity of the Advocates for their entry into the Courts throughout the State of Tamilandu and Puducherry and will cause unnecessary hardship. Further, it may be true under Sections 177 and 198 and Rule 50 of the Motor Vehicles Act, 1988 referred in the circular, they only mention about defacing the number plate and it does not empower preventing the Advocate affixing stickers issued by the Bar Council of Tamilnadu and Puducherry in other places of the vehicle.

The Advocates are professionals enrolled under the Advocates Act, 1961 and their conduct is regulated under the said Act and the same cannot be interfered with unless the Motor Vehicles Act permits it. Hence the Prohibition sought to be imposed may be withdrawn with respect to the Advocates concerned and the same may be communicated to the subordinate officials in order to avoid any hindrance to the Advocates.

However, we will issue specific direction to the Members of the legal fraternity instructing them not to affix the Advocate sticker in the number plates of the vehicle.

We also bring to your notice that only on verifying the Advocate status, RC Book and other related documents, the Bar Council is issuing stickers to the Advocates which is authenticated and authorized by the Statutory body for the purpose of entering the Courts and for parking their vehicle in the respective Court premises. The model of the Advocate Sticker is as follows,

Therefore, we hereby request your good self that the Advocates may be exempted from the Circular imposing restriction for affixing Advocate Sticker since it is very essential for the Advocates to affix the stickers issued by the Bar Council of Tamilandu and Puducherry in their vehicles for access to the Courts and for parking purpose within the Court Campus throughout the State of Tamilnadu and Puducherry. We also hereby request not to disturb or cause coercion to the Advocates whose vehicles are affixed with the stickers issued by the Bar Council of Tamilnadu and Puducherry. Kindly do the needful.
Thanking you,