Supreme Court Disposes of Contempt Petition : Warned Bar Association no impediment in the work of legal defence counsel

In a significant development, the Supreme Court of India delivered its verdict in Contempt Petition (Civil) No 726 of 2023 and Writ Petition (Civil) No 420 of 2023, reinstating the petitioners and similarly situated members of the Bharatpur Bar Association. The court's decision came on July 10, 2023, with Chief Justice Dr Dhananjaya Y Chandrachud and Justice Pamidighantam Sri Narasimha presiding over the case.

The order, which was disposed of by the court, emphasized the importance of ensuring no obstruction for the petitioners or other members of the Bar in performing their duties as legal defense counsel. In the order, the court highlighted that "there shall be no impediment in the work of legal defense counsel" and warned that coercive action would be taken if any incidents occur in the future.

"The concerned members of the Bar are placed on notice that this Court will be constrained to take recourse to the coercive arm of law, should any incident occur in the future," the court stated in its judgment.

The court acknowledged the statements made by the counsel representing the newly elected body of the Bharatpur Bar Association and the erstwhile Association. It was confirmed that no strike was declared, and steps were not taken to prevent the petitioners or similarly situated members of the Bar from pursuing their avocation or profession.

"The statements made on behalf of the respondents-contemnors, it is not expedient in the interest of justice to pursue the exercise of the contempt jurisdiction any further," the court remarked.

The judgment, which ensures the reinstatement of the petitioners and their colleagues, brings relief to the affected members of the Bar Association. It also serves as a reminder of the court's commitment to upholding the rights of legal defense counsel and maintaining an unhindered legal system.

The Supreme Court's decision in this case holds significance for the legal fraternity and sets a precedent for the protection of the professional rights of lawyers across the country.

Date of Decision: July 10, 2023

Purnaprakash Sharma & Ors   vs Yashwant Singh Faujdar & Ors