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2026 Supreme(SC) 276

VIKRAM NATH, SANDEEP MEHTA
Vishvjeet – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For Petitioner(s): Mr. Md. Asif Iqbal, Adv. Mr. Iqbal Ahmad, Adv. Ms. Sangeeta, Adv. Mr. Atul Kumar Srivastav, Adv. Ms. Anu Priya Nisha Minz, Adv. Mr. Siddhartha Sinha, AOR
For the Respondent(s): Mr. Rohit K. Singh, AOR Mr. Pritam Bishwas, Adv. Mr. Kartikey Bansal, ADv.

Judgement Key Points

Based on the legal document provided, here are the key points with corresponding references:

  • Case Details: The Supreme Court of India, in a Writ Petition (Criminal) No. 109 of 2026 decided on 17-03-2026 by Justices Vikram Nath and Sandeep Mehta, affirmed the fundamental right to liberty and criticized unlawful bail denial and violence by Bar members. [judgement_subject]
  • Legal Framework: The judgment refers to the Constitution of India (Articles 21 and 32) and the Bharatiya Nyaya Sanhita. [judgement_act_referred]
  • Facts of the Case: Petitioners, employed at a toll plaza by M/s. Skylark Infra Engineering Pvt. Ltd., were arrested following an altercation with an advocate, Mr. Ratnesh Shukla, who allegedly refused to pay toll charges. (!) (!)
  • Arrest and FIR: An FIR (No. 15/2026) was registered at P.S. Haidergarh, District Barabanki, on 14-01-2026 under various sections of the Bharatiya Nyaya Sanhita. The petitioners alleged that grounds of arrest were not communicated to them at the time of arrest. (!) (!)
  • Violence by Bar Members: Following the FIR, members of the Bar Association engaged in violent protests. A resolution was passed that no advocate would represent the accused. (!) (!)
  • Specific Incident of Violence: Advocate Manoj Shukla filed a bail application on 05-02-2026. In retaliation, Bar members stormed his office, set his furniture on fire, and burnt his effigy. (!) (!)
  • Impact on Legal Representation: The atmosphere of fear created by the violence dissuaded any advocate from representing the petitioners, depriving them of access to legal remedies. (!)
  • Petitioners' Relief Sought: The petitioners approached the Court under Article 32 seeking release on bail and transfer of proceedings to a neutral jurisdiction (Delhi). (!)
  • Court's Findings on Bail: The Court found the denial of bail unjustified as the petitioners were performing their duties, and their continued custody violated Article 21 (Right to Liberty). (!) (!)
  • Court's Directives:
    • Petitioners were directed to be released on bail upon furnishing personal bonds. (!)
    • Proceedings were transferred to Tis Hazari Courts, New Delhi, to ensure fair trial and representation. (!)
    • The Director General of Police, UP, was directed to ensure the safety and security of the petitioners. (!)
  • Condemnation of Conduct: The Court condemned the hooliganism by Bar members, tarnishing the image of the legal profession, and directed the Bar Council of India to take disciplinary action. (!) (!)
  • Disposal: The writ petition was allowed, and pending applications were disposed of. (!) (!) (!)

Table of Content
1. petitioners' need for protection of rights (Para 1 , 2 , 3 , 4)
2. issues of arrest and representation rights (Para 5 , 6 , 9)
3. protests by the bar association affecting petitioners (Para 7 , 8 , 10)
4. court's urgency in ensuring justice (Para 13 , 14)
5. right to bail and fair trial considerations (Para 15 , 16 , 17 , 19)
6. closure of the writ petition and directives (Para 20 , 21 , 22)

ORDER

1. The custodians of justice (Members of the District Bar Association, Barabanki) have turned into perpetrators of violence, which has led the petitioners to knock the doors of this Court to protect their Fundamental Rights by way of this writ petition under Article 32 of the Constitution of India.

2. The present writ petition under Article 32 of the Constitution of India, preferred by the petitioners, presents a sorry state of affairs with respect to the conduct of law professionals, particularly in the State of Uttar Pradesh.

3. The petitioners are contractual employees of a company, named, M/s. Skylark Infra Engineering Pvt. Ltd., and are permanent residents of the State of Madhya Pradesh. They were posted for toll collection duty at the Gotona Bara Toll Plaza on the Lucknow-

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