Madhya Pradesh HC order barring Advocates from law practice stayed by SC

Madhya Pradesh HC order barring Advocates from law practice stayed by SC

The Supreme Court of India on Wednesday stayed a case involving the Madhya Pradesh High Court's order of penalizing ten office bearers of the Bar Association at Seoni for their involvement in a strike. 

The High Court in its order had imposed a one-month prohibition on these individuals from appearing before any court due to their participation in the strike, along with a three-year ban on contesting elections in legal bodies within the state.

The Supreme Court bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra while deliberating on the matter not only decided the case but also emphasized the need for legal professionals to act responsibly and refrain from actions that could disrupt legal proceedings.

During the proceedings, the Supreme Court highlighted the importance of lawyers exercising responsibility in their actions. It questioned the severity of the punishment imposed for participating in a strike and the proportionality of the response. 

Advocates Siddharth Gupta, Mrigank Prabhakar, and Shailendra Verma represented the petitioners in this case, arguing that the High Court's decision lacked procedural fairness as they were not given an opportunity to present their case before the ruling.

The petitioners also raised concerns about their abrupt removal from office and the formation of a new ad-hoc committee by the District Bar Association, which they argued was contrary to established legal principles.

Central to their argument was the Supreme Court's precedent in the case of R Muthukrishnan v High Court of Madras, which emphasized that High Courts cannot usurp the statutory powers granted by Parliament to the State Bar Council and the Bar Council of India (BCI) regarding disciplinary actions against lawyers, including debarring them from court appearances.

Taking these arguments into consideration, the Supreme Court decided to quash the High Court's order, citing violations of due process and legal principles. The Court's decision not only resolves this specific case but also sets important precedents regarding the autonomy of legal bodies and the rights of legal professionals to engage in collective actions such as strikes without facing disproportionate penalties.

Case: Ravi Kumar Golhani and Ors. vs. The Chairman, State Bar Council of Madhya Pradesh and Ors.

 

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