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SUPREME COURT OF INDIA
VIKRAM NATH, SATISH CHANDRA SHARMA, JJ.
Rupashree H.R. – Appellant
Versus
State of Karnataka – Respondent
Writ Petition (Civil) No. 538 of 2019
Decided On : 12-02-2024
FUNDAMENTAL RIGHT - LEGAL REPRESENTATION - The court held that the resolution by the Mysore Bar Association, which prohibited its members from representing the petitioner, infringed upon the fundamental rights to defend oneself and to practice law. The court emphasized that such a resolution is unconstitutional and quashed it, thereby allowing the petitioner to seek legal representation.
Fact of the Case:
The petitioner challenged a resolution by the Mysore Bar Association that prohibited its members from filing a vakalatnama on behalf of the petitioner. The resolution was passed in March 2019, and despite notices, the Association did not appear in court.
Finding of the Court:
The court found that the resolution was unconstitutional as it violated the fundamental rights of the petitioner to defend oneself and to have legal representation. The court proceeded ex-parte due to the absence of the respondent.
Issues: Whether the resolution of the Mysore Bar Association, which barred its members from representing the petitioner, infringed upon the fundamental rights guaranteed under the Constitution.
Ratio Decidendi: The court held that the right to defend oneself and the right to legal representation are fundamental rights under Part III of the Constitution of India. The resolution of the Bar Association was therefore quashed as it was unconstitutional.
Result: The writ petition was allowed, and the resolution of the Mysore Bar Association was quashed.
ORDER :
1. This matter is pending since 2019 and despite repeated notice, respondent no. 3 i.e. the Mysore Bar Association has not put in appearance.
2. Challenge by means of this petition under Article 32 of the Constitution is to the Resolution dated 16th March, 2019 [Annexure P3], whereby the Mysore Bar Association resolved that no member of the Association would file a vakalatnama on behalf of the present petitioner, details of which were given in the Resolution and any other related case. This Court while entertaining the petition, vide order dated 6th October, 2021 stayed the aforesaid Resolution of the Mysore Bar Association. On the previous date that is 14th November, 2022 notices to respondent no. 3 were to be served through the Commissioner of Police, Mysore but despite the same, respondent no. 3 has not put in appearance.
3. In that view of the matter, we have proceeded ex-parte. Having perused the impugned Resolution, we are of the definite view that such a Resolution could not have been passed. Right to defend oneself is a Fundamental Right under Part III of the Constitution of India and further right to appear for a client is also a Fundamental Right being a part of carrying on one’s profession as a lawyer. As such, the said Resolution is hereby quashed.
4. The Writ Petition stands allowed, as above. Pending application(s), if any, shall stand disposed of.
The right to legal representation and the right to defend oneself are fundamental rights protected under the Constitution of India, and any resolution infringing upon these rights is unconstitutional....
The right to practice law is a fundamental right protected by the Constitution, and Bar Associations cannot impose restrictions that infringe upon this right.
The transfer of complaints under Section 36B of The Advocates Act to the Bar Council of India is a procedural safeguard that allows for proper adjudication of grievances against advocates.
Writ petitions against the Registrar General must be heard by a Division Bench, and relief cannot be granted without proper jurisdiction and due process.
The court affirmed the fundamental right to liberty, criticizing the unlawful denial of bail and violence by Bar members against petitioners seeking legal representation.
The court emphasized the protection of fundamental rights against violence, mandating bail and case transfer for fair trial.
Non-representation in court leads to dismissal of a writ petition for non-prosecution.
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