Justice GR Swaminathan of Madras High Court has been in the news in recent times. The opposition has recently proposed impeachment against Justice Swaminathan. Opposition MPs allege that many of Justice Swaminathan are against secular sentiments. However, now Justice Swaminathan is once again happy about one of his comments. During the hearing of a case, he gave a message of justice and fairness to the packed court by quoting the teachings of Prophet Mohammed. This comment brought relief to the lawyer who was struggling to get his remuneration for the last 18 years.
This case is related to former Madurai Municipal Corporation lawyer P. Thirumalai. He had claimed that the corporation did not pay his legal fees of Rs 13.05 lakh. Earlier, on the instructions of the High Court, the corporation considered his demand, but rejected most of the amount, after which the lawyer again approached the court.
Which lesson of Prophet Mohammadi was narrated?
The matter came before the bench of Justice Swaminathan, who during the hearing cited Prophet Mohammad’s famous teaching, ‘Pay the laborer’s wages before his sweat dries’. Justice Swaminath said that this principle is not just a moral precept, but the basic foundation of justice and fairness, which applies equally to labor and service laws. He said that this principle is an aspect of justice and it cannot be ignored.
Why do lawyers yearn for fees?
According to court records, Thirumalai was the Standing Counsel of Madurai City Municipal Corporation for about 14 years from 1992 to 2006 and during this period he represented the corporation in 818 cases. Despite this, the court described their total demand as ‘very minor compared to such a large number of appearances’.
Expressing concern over this, Justice Swaminathan said that on one hand the lawyer is running from door to door to get his fair fees, while on the other hand the government and semi-government organizations are paying ‘shamelessly high fees’ to some senior lawyers.
Strong comment on government lawyers also?
The Madras High Court judge also expressed displeasure over the large number of additional advocates general appointed in the state. Calling it a ‘matter of embarrassment’, he said that when more law officers are appointed than required, they are deployed to provide work even in cases where they are not required. He also said that many times during the hearing the government lawyers ask for time saying that the Additional Advocate General is busy somewhere else.
What did Justice Swaminathan express?
Justice Swaminathan expressed hope that such practices would be stopped in the Madurai Bench from 2026 and the Additional Advocates General would improve their way of working.
The court also directed the corporation to pay the fees without interest within two months, as the lawyer had challenged the case after a delay of 18 years. It was also said that due to fee bill not being deposited on time and properly, the entire fault cannot be attributed to the corporation.
