In a landmark judgment, the Supreme Court has unequivocally asserted the fundamental rights of lawyers, emphasizing their right to defend and appear for a client as an integral part of the legal profession. The ruling comes in response to a resolution passed by the Mysore Bar Association in 2019, which had prohibited its members from filing a vakalatnama for a specific petitioner.

The bench, comprising Justice Vikram Nath and Justice Satish Chandra Sharma, observed that the right to defend oneself and the right to appear for a client are enshrined as Fundamental Rights under Part III of the Constitution of India. This significant decision underscores the importance of upholding these rights, emphasizing that they are essential for lawyers to carry on their profession without hindrance.

The legal battle, which had been pending since 2019, saw the Mysore Bar Association repeatedly ignoring notices and not entering appearance despite a stay order issued by the Supreme Court in October 2021. This prompted the bench to proceed ex-parte and ultimately quash the contentious resolution, stating, "In that view of the matter, we have proceeded ex-parte. Having perused the impugned Resolution, we are of the definite view that such a Resolution could not have been passed."

The petitioner, represented by AOR Lakshmi Raman Singh, had filed the petition under Article 32 of the Constitution, challenging the resolution of March 16, 2019. The Supreme Court had earlier issued notices to the Mysore Bar Association, but despite the notices and a subsequent order, the Bar Association failed to appear before the Court.

Consequently, the bench not only quashed the resolution but also deprecated it, marking a decisive victory for the petitioner's right to legal representation.

Case: Rupashree H. R. v. The State Of Karnataka & Ors,

 WRIT PETITION (CIVIL ) NO. 538 of 2019.

Click to read/download order.