No Evidence Prevails Unless ‘Conclusive, Convincing, and Beyond Reasonable Doubt’: Calcutta High Court Modifies Assault Convictions” "Fraudulent Intentions Clear as Day": Rajasthan High Court Denies Bail in ₹40 Crore Commodity Trading Scam Punjab and Haryana High Court Grants Bail to Former Minister in Money Laundering Case Mere Apology Insufficient to Negate Criminal Liability for Cyber Harassment: Madras High Court Mere Criminal Antecedents Not Sufficient to Deny Bail; Long Incarceration and Completion of Investigation Warrant Bail: Kerala High Court Justice Cannot Be Denied When Plaintiff Proves Right, Title, and Interest in Property, Says Calcutta High Court Permanent Injunction Granted Against Government for Failure to Follow Mandatory Rule 3 Notice: Andhra Pradesh High Court Circumstantial Evidence Must Form an Unbroken Chain: P&H High Court Validates Conviction under Sections 302/34 IPC "Right to Be Forgotten Must Prevail Over Freedom of Expression in Acquittal Cases," Rules Delhi High Court Unjust Enrichment Cannot Be the Characteristic of a Government: Kerala High Court Orders 12% Interest on Delayed Payments Vague and Omnibus Statements Cannot Sustain Criminal Prosecution: Supreme Court Quashes FIR Alleging Cruelty and Forced Miscarriage State Law Governs Court Fees Refunds in Mediation Settlements, But Refund Allowed as Discretionary Relief: Supreme Court Death Was Homicidal, Not Suicidal: Supreme Court Upholds Conviction in Wife's Murder Case Land Compensation | Market Value Determined by the Reference Court Is Lawful and Reasonable: Andhra Pradesh High Court Cal High Court Quashes Wilful Defaulter Declarations, Cites Procedural Violations and Unreliable Evidence Taxation Law | When tax liability arises solely due to retrospective amendments, waiver of interest is warranted: Punjab and Haryana High Court Civil Authorities Not Required to Be Impleaded in Bail Applications: Supreme Court Clarifies Bail Procedures for Foreign Nationals Compensation Must Address Long-Term Needs and Recovery: Supreme Court Enhances Compensation for Accident Victim to ₹48 Lakhs Criminal Law Cannot Be Misused for Civil Matters: Supreme Court Quashes FIR Against MLA in Goa Property Dispute Minor Contradictions in Testimonies Not Sufficient to Overturn Convictions: Supreme Court Dismisses Appeal in Kerala Political Clash Murder Case

Preventing a lawyer from representing a client is Violation of Constitutional Rights : Supreme Court

07 May 2024 8:19 AM

By: Admin


In a decisive verdict that resonates with the principles of justice and fairness, the Supreme Court today nullified the Mysore Bar Association’s resolution that barred its members from representing a specific client. The bench, led by Justices Vikram Nath and Satish Chandra Sharma, strongly asserted, “Preventing a lawyer from representing a client is an affront to the lawyer’s professional freedom and the client’s fundamental right to legal representation.”

The pivotal legal issue addressed was the challenge to the Mysore Bar Association’s resolution dated March 16, 2019, which aimed to restrict its members from filing vakalatnama for the petitioner, Rupashree H. R. This action was scrutinized under the lens of Article 32 of the Constitution, focusing on the fundamental rights to legal representation and the practice of one’s profession.

The case stemmed from a unique situation where the Mysore Bar Association passed a specific resolution denying legal representation to Rupashree H. R. This led to a significant legal battle, questioning the extents to which professional bodies can control the choices of their members and the rights of individuals seeking legal aid.

Delving deep into the resolution’s implications, the Supreme Court declared it unconstitutional. The judgment emphasized that the Bar Association’s resolution overstepped its bounds, infringing upon fundamental rights enshrined in the Constitution. The absence of the Mysore Bar Association from the proceedings, despite repeated notices, was also noted by the Court.

The Court’s decision to allow the writ petition led to the annulment of the challenged resolution, reinforcing the constitutional guarantee of legal representation. The ruling signifies a reaffirmation of the rights of both legal practitioners and those seeking justice.

Date of Decision: February 12, 2024.

Rupashree H. R. vs. The State of Karnataka & Ors

Similar News