SC raps Raj bar body for suspending lawyers

The bench, which also comprised justices PS Narasimha and JB Pardiwala, directed for personal presence of the office-bearers of the Baharatpur bar association on the next date of hearing in Julyto explain their action.

It is “criminal contempt” for a lawyers’ body to restrain other advocates from defending accused persons in courts, the Supreme Court observed on Monday as it sought an explanation from the Bar Association of Bharatpur for suspending three legal aid lawyers for not participating in their agitation last year.

The bar association had last year suspended the license of the three lawyers for not participating in their protest against a scheme implemented by the legal aid services authority for engaging lawyers. (HT)

“Bar associations passing a resolution that lawyers will not represent an accused is nothing but criminal contempt. Bar associations cannot pass such resolutions. How can you say that no one should appear in defence of an accused? This is nothing but criminal contempt,” said a bench led by Chief Justice of India Dhananjaya Y Chandrachud.

The bench, which also comprised justices PS Narasimha and JB Pardiwala, directed for personal presence of the office-bearers of the Baharatpur bar association on the next date of hearing in Julyto explain their action. “We will send all these people to jail. You must withdraw the resolution,” it added.

The bar association had last year suspended the license of the three lawyers for not participating in their protest against a scheme implemented by the legal aid services authority for engaging lawyers. The legal aid lawyers had moved the top court, arguing the office-bearers of the Bharatpur bar association have committed contempt by violating the Supreme Court’s 2003 order stopping lawyers from striking work. Last month, the bench had stayed their suspension orders.

In a separate case of contempt seeking action against lawyers who boycott court work, the Bar Council of India informed a bench led by justice Dinesh Maheshwari that new rules for disciplinary action against lawyers who go on strike are likely to finalised within a week.

Appearing before the court, BCI chairman Manan Kumar Mishra informed the bench that representatives of state bar councils conducted a meeting last week and further steps were being taken to amend the relevant norms.

“Very good. That is what we wanted to hear. If you are compelled to take coercive steps, you must,” responded the bench, fixing the next hearing of the matter in July.