Allahabad HC Criticises Bar Assoc. Resolution Restraining Its Members From Appearing In Cases Against Advocates, Seeks Explanation

The Allahabad High Court recently expressed its strong disapproval of the Bahraich District Bar Association's resolution that restrained its member-advocates from representing accused individuals if the matter is against any other advocate. 

A bench of Justice Subhash Vidyarthi stressed that such a resolution of the Bar Association restraining Advocates in general from appearing in any matter against any Advocate, is not commensurate with the noble conduct expected from any Advocate, besides being violative of the provisions of the Bar Council of India Rules.

The single judge also called for an explanation of the President and General Secretary of the District Bar Association, Bahraich to place their version regarding the passing of such a resolution.

The Court was essentially dealing with an application moved by certain accused seeking the quashing of the non-bailable warrant as well as the entire criminal proceedings in a case (filed by an Advocate) under Sections 323, 504, 506, 427 & 452 IPC, pending in the court of Judicial Magistrate, Bahraich. 

It was the case of the complainant, an advocate by profession, that the accused persons (applicants) illegally took into possession of some land forming a part of a lane and a sehan and when the complainant and his father objected to it, the accused persons allegedly opposed them, entered their house, beaten them and damaged some household goods.

Importantly, during the hearing of the case, the Court was informed that the complainant wrote to the District Bar Association to take action against another advocate (one Babu Ram Tiwari) for accepting the case of the applicant-accused.

The letter further requested the Bar Association to ensure that no Advocate appears on behalf of the accused persons in the case instituted by the complainant Advocate against them.

At the outset, the Court called the conduct of the opposite party no. 2 (complainant/practising advocate) in writing to the Bar Association to be "very disturbing" and that it warranted a deeper scrutiny by the HC.

Further, stressing that it is expected that Advocates shall nobly conduct themselves, the Court observed that the complainant himself, and the members and office bearers of District Bar Association, Bahraich, are creating hindrances and are putting undue obstacles against the applicants taking the recourse of law.

In view of this, the Court issued notices to the state government, opposite party no. 2 as well to the President and General Secretary of the District Bar Association seeking their responses in the matter.

Further, listing the matter in the week commencing May 6, 2024, the Court, as an interim measure, stayed the execution of the non-bailable warrant as well as the entire criminal proceedings till the next date of hearing.

Case title - Virendra Kumar And Others vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another

Click Here To Read/Download Order