SUPREME COURT OF INDIA
VIKRAM NATH, SANDEEP MEHTA, JJ
VISHVJEET AND OTHERS – Appellant
Versus
STATE OF UTTAR PRADESH AND ANOTHER – Respondent
The legal document pertains to a writ petition filed under Article 32 of the Constitution of India by petitioners who are contractual employees at a toll plaza. They sought protection of their fundamental rights due to unlawful acts committed by members of the local Bar Association, which resulted in the denial of legal representation and created an environment of fear. The incident involved a scuffle at the toll plaza, leading to the registration of an FIR and subsequent arrests of the petitioners.
The court emphasized that the violence and hooliganism by members of the legal community tarnished the reputation of the legal profession and created an atmosphere detrimental to justice. Despite the violence, the court found that the petitioners' detention for over two months was unjustified, especially since the FIR did not suggest they should be denied bail.
In response, the court ordered the immediate release of the petitioners on bail, subject to furnishing personal bonds. To ensure a fair trial, the proceedings were transferred to a court in Delhi, specifically the Tis Hazari Courts. The court also directed the police to ensure the safety and escort of the petitioners upon their release. Additionally, the court condemned the acts of hooliganism by members of the Bar and directed the relevant authorities to take appropriate disciplinary and security measures.
| Table of Content |
|---|
| 1. petitioners seek protection under article 32 due to violence. (Para 1 , 2) |
| 2. incident at toll plaza leading to legal complications. (Para 3 , 4 , 5 , 6 , 8) |
| 3. fear of violence prevents legal representation. (Para 7 , 9 , 10) |
| 4. court condemns violence and emphasizes fundamental rights. (Para 14 , 15 , 16) |
| 5. directives for bail and case transfer are issued. (Para 17 , 19 , 20) |
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- Sulta
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