Bombay high court upholds club’s refusal for lawyer to couple facing harassment charges

A single judge bench of Justice SC Gupte said that the couple can’t hire a legal adviser to represent themselves

The Bombay high court has refused to grant any relief to a member of Willingdon Sports Club and her husband against whom proceedings have been initiated following a complaint of sexual harassment made by another member of the club.

Refusing a plea of the couple, a single judge bench of Justice SC Gupte said that the couple can’t hire a legal adviser to represent themselves before the club’s Balloting and Disciplinary Committee, which is conducting the proceedings.

The couple has approached the high court seeking a declaration that the Rule 32(f)(iv) of the Rules and By-laws of the club, which provide that no member shall have a right to be represented by an advocate or any other representative during proceeding before the Balloting and Disciplinary Committee, was void and not enforceable against the couple.

Justice Gupte said considering the language of the rule 32(f)(iv), it was apparent that it prohibits legal representation to the delinquent member and that the committee was not at fault.

“There is no doubt that the Balloting and Disciplinary Committee of the club is acting in accordance with the rules, namely, rule no 32(f)(iv),while refusing to allow legal representation to the plaintiffs,” said the judge.