$~12 & 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 08.04.2024 + W.P.(C) 3713/2019 & CM APPLs. 17059/2019, 24430/2020, 8881/2021, 14268/2021, 26327/2021, 40275/2021, 37776/2022, 37777/2022, 37839/2022, 17333/2024 ROUSE AVENUE BAR ASSOCIATION .... Petitioner versus THE BAR COUNCIL OF DELHI & ANR ..... Respondents + W.P.(C) 11975/2019 & CM APPLs. 49042/2019, 2204/2020, 2205/2020, 37840/2022, 17490/2024 & 17326/2024 ROUSE AVENUE BAR ASSOCIATION .... Petitioner versus THE BAR COUNCIL OF DELHI & ANR ..... Respondents Advocates who appeared in this case:

For the Petitioner: Mr. Munawwar Naseem, Mr. Siddharth, Mr. Indra Chand, Mr. Mukesh Kumar, Mr. Yajuvender Kumar & Mr. Manoj Kumar, Advocates.

For the Respondents: Mr. Ramesh Gupta, Senior Advocate with Mr. Ajay Kumar Agarwal, Mr. Rajesh Mishra, Mr. Ajayinder Sangwan, Mr. Naresh Gupta, Mr. O. P. Faizi, Ms. Pooja Bansal & Mr.

Vijay Bishnoi, Advocates/Bar Council of Delhi.

Mr. Surya Parkash Khatri, Chairman Bar Council of Delhi.

W.P. (C) 3713/2019 & 11975/2019 Page 1 of 35 Signature Not Verified Digitally Signed Mr. Pankaj Kumar & Mr. Sarwan Kumar in CM (M)

14268/2021 alongwith Lalit Sharma, applicant.

CORAM:-

HON’BLE MR. JUSTICE SANJEEV SACHDEVA HON'BLE MR. JUSTICE RAVINDER DUDEJA

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. The question that arises for consideration is as to whether the fundamental right guaranteed by Article 19(1) (c) of the Constitution of India to form an Association also includes the right to be recognised by a State Bar Council or by the Court for the purposes of availing benefits that flow from such recognition, either as a Court annexed Bar Association or as a recognised Bar Association under the Advocates Welfare Fund Act, 2001 (hereinafter referred to as the Advocates Welfare Fund Act).

2. This question has arisen in the context of the Rouse Avenue District Court Complex which was a newly set up Court complex, inaugurated on 08.04.2019. Virtually a race had started by some Advocates enrolled with the Bar Council of Delhi to set up Bar Associations comprising of advocates enrolled in Delhi as the Court annexed Advocates Association for the Rouse Avenue District Court Complex.

W.P. (C) 3713/2019 & 11975/2019 Page 2 of 35 Signature Not Verified Digitally Signed

3. Bar Associations of Advocates practising in court complexes help in safeguarding rights, privileges and interest of its members. State Bar Councils under Section 6 of the Advocates Act, 1961 (hereinafter referred to as the Advocates Act) have been mandated to inter alia safeguard the rights, privileges and interest of Advocates on its rolls and also to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes constituted by the Bar Council of India under Section 7 of the Advocates Act.

4. Section 6 of the Advocates Act reads as under:

“6. Functions of State Bar Councils.―(1) The functions of a State Bar Council shall be―

(a) *****

***** ***** *****

(d) to safeguard the rights, privileges and interests of advocates on its roll;

(dd) to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause (a) of sub-section (2) of this section and clause (a) of sub-section (2)of section 7;

(e) *****

***** ***** *****”

5. Section 7 (2) of the Advocates reads as under:

W.P. (C) 3713/2019 & 11975/2019 Page 3 of 35 Signature Not Verified Digitally Signed “7. Functions of Bar Council of India.― 1[(1)] The functions of the Bar Council of India shall be―

(a) *****

***** ***** *****

(d) to safeguard the rights, privileges and interests of advocates;

***** ***** *****

(2) The Bar Council of India may constitute one or more funds in the prescribed manner for the purpose of—

(a) giving financial assistance to organise welfare schemes for indigent, disabled or other advocates;

(b) giving legal aid or advice in accordance with the rules made in this behalf.

(c) establishing law libraries.

***** ***** *****”

6. Section 3(1) of th