The Delhi High Court has officially recognized the Central Delhi Court Bar Association as the authorized bar body for the Rouse Avenue District Court in Delhi.
In reaching this decision, the Delhi High Court dismissed the claims put forth by the Rouse Avenue Bar Association, Delhi Rouse Avenue Court Bar Association, and Rouse Avenue District Court Bar Association, all of which vied for recognition as the official bar association for the Rouse Avenue Court.
A Division Bench comprising Justices Sanjeev Sachdeva and Ravinder Dudeja emphasized that the mere formation of an association does not automatically qualify it for recognition as a court-annexed association or as a recognized association under the Advocates Welfare Fund Act.
They underscored that while citizens possess the fundamental right to form associations, as articulated in Article 19(1)(c) of the Constitution of India, this right does not inherently encompass the entitlement to be recognized as a bar association by either a State Bar Council or the Court, particularly for the purpose of accessing benefits associated with such recognition.
“Insofar as the fundamental right of all citizens to form an Association as enshrined in Article 19(1)(c) of the Constitution is concerned, there can be no dispute with the propositions that such Associations can be formed… However, merely because an Association has been validly formed does not ipso facto entail recognition as a Court annexed Association or as a recognized Association under the Advocates Welfare Fund Act,” the Court said.
Four associations, namely the Rouse Avenue Bar Association, Delhi Rouse Avenue Court Bar Association, Rouse Avenue District Court Bar Association, and Central Delhi Court Bar Association, collectively asserted their demand to be recognized as the bar association for the Rouse Avenue Court.
Upon careful consideration of the case, the Court observed that the balance tilted in favor of the Central Delhi Court Bar Association, primarily due to its constitution by the Bar Council of Delhi.
Additionally, the Court issued several directives pertaining to the formation of an ad hoc committee for the Central Delhi Court Bar Association, the conduct of a membership drive for the association, and its operational procedures.
Advocates Munawwar Naseem, Siddharth, Indra Chand, Mukesh Kumar, Yajuvender Kumar and Manoj Kumar represented the petitioner Rouse Avenue Bar Association.
Senior Advocate Ramesh Gupta along with advocates Ajay Kumar Agarwal, Rajesh Mishra, Ajayinder Sangwan, Naresh Gupta, OP Faizi, Pooja Bansal and Vijay Bishnoi appeared for the Bar Council of Delhi.
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