Right To Be Defended & Right To Appear Are Fundamental Rights Of Litigants & Lawyers: Supreme Court Quashes Bar Association’s Resolution Not To Represent A Man
|The Supreme Court has quashed a Resolution passed by the Mysore Bar Association, resolving not to file Vakalatnama or to appear for the petitioner in a case.
The bench observed that the right to defend and right to appear for a client is a Fundamental Right of a lawyer to carry on his profession.
It is pertinent to note that the matter is pending since 2019 and despite repeated notice, the Mysore Bar Association did not enter appearance.
Accordingly, a bench of Justice Vikram Nath and Justice Satish Chandra Sharma while quashing the Resolution observed, “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…”, the bench further observed.
AOR Lakshmi Raman Singh appeared for the petitioner and Senior Advocate Anand Sanjay M Nuli appeared for the respondent.
In the present petition under Article 32 of the Constitution, a Resolution dated March 16, 2019 was challenged whereby the Mysore Bar Association resolved that no member of the Association would file a vakalatnama on behalf of the present petitioner.
The Supreme Court while entertaining the petition, through an order dated October 6, 2021 had stayed the said Resolution of the Mysore Bar Association.
Earlier, on November 14, 2022 the Court had issued notices to respondent No. 3-Mysore Bar Association who were to be served through the Commissioner of Police, Mysore but despite the same, the Bar Association did not appear before the Court.
Therefore, deprecating the Resolution, the bench disposed of the writ petition.
Appearance:
Petitioner: AOR Lakshmi Raman Singh, Advocate Malavika Rajkotia, Aashna Talwar, Ekta Sharma, Ramakant Sharma
Respondents: Senior Advocate Anand Sanjay M Nuli, AOR M/S. Nuli & Nuli, Suraj Kaushik, Nanda Kumar, Agam Sharma, Akhila Wali, V. N. Raghupathy, AOR Manendra Pal Gupta, , AOR Vaijayanthi Girish
Cause Title: Rupashree H. R. v. The State Of Karnataka & Ors.
Click here to read/download the Order