Yesterday, the Madras High Court challenged a single judge’s order directing the Madras Bar Association (MBA) to pay a compensation of ₹5 lacks after a lawyer was prevented by another lawyer from drinking water from MBA's office premises on the ground that the former was not a member of the MBA.

The division bench of Justices SS Sundar and K Rajasekar granted an interim stay on an appeal filed by MBA against a June 22 order of a single judge who had also directed MBA to admit lawyers as its members without discriminating against them on the grounds of class and economic status.

The Court held that the single judge should have referred the matter to a division bench since the 2021 High Court Rules require every case where the registrar general of the High Court is a party, to be beard by a division bench

Further, the Court questions such as whether the MBA could be held to be vicariously liable for the actions of its members can be decided only during the final hearing.

It, therefore, stayed the single judge's order till the appeal is finally heard and decided.

On June 22, Justice SM Subramaniam had directed the MBA to pay the compensation amount to Senior Advocate Elephant G Rajendran, whose son R Neil Rashan, a junior lawyer was allegedly prevented from drinking water at the Association's office premises by Senior Advocate late PH Pandian.

Rashan was not a member of MBA.

The single-judge held that the alleged incident, which took place in 2012, was despicable and that discriminating against one on the grounds of class must also be construed as 'untouchability' and thus, a breach of constitutional guarantees.