Supreme Court warns Bharatpur Bar Association; closes Contempt case

Supreme Court warns Bharatpur Bar Association; closes Contempt case

The bar of Bharatpur, which was stuck in the work of Legal Aid Service, came to its senses when CJI DY Chandrachud threatened to send all of them to jail.

Today the office bearers of the bar appeared before the CJI in the contempt case. He ordered the contempt case to be closed but warned the members of the association that there should not be such audacity in future.

CJI DY Chandrachud was displeased with the attitude of the Bar Association of Bharatpur in which lawyers were prevented from working in the Legal Aid Service. He got angry as soon as he came to know about it. He said that if the Bar does not withdraw the resolution, he will send all the office bearers to jail. The CJI had ordered all the officers of the Bar to appear before the Supreme Court in person. He said that this is criminal contempt.

"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. There shall be no impediment in the work of legal defense counsel," the court said.

A bench headed by CJI DY Chandrachud was hearing a petition filed by lawyers who contended that they were appointed in the Legal Aid Defense System under the National Legal Aid Service Authority. But the Bar Association of Bharatpur first prevented itself from doing so. The CJI was told that the Bar had passed a resolution in August 2022.

It was said that no lawyer should join the Legal Aid Service. The lawyers who had already applied and joined Legal Aid were asked to resign from there.

In March 2023, the CJI stayed the Bar's decision under which the lawyers who filed the writ petition were suspended. The Bar of Bharatpur has been opposing the Legal Aid Service since the beginning, when this scheme was started, then the office bearers of the Bar had also protested.

on the previous hearing on 10.05.2023 the court passed the order that, "We direct the Bar Association Committee of Bharatpur to file a counter affidavit explaining whether the resolution of the Bar Association has been withdrawn. The Office Bearers of the Bar Association, as well as the alleged contemnors, shall remain personally present before this Court on the next date of listing."

Advocates K V Upadhyaya and Anuj Bhandari appeared for the Bar Association of Bharatpur. Advocates Mrs. Sunita Yadav, and Mr. Abhigya Kushwah appeared for the contempt petitioners PURNAPRAKASH SHARMA.

Case Details:-

Contempt Petition (Civil) No 726 of 2023
in
Writ Petition (Civil) No 132 of 1988
Purnaprakash Sharma & Ors ... Petitioner(s)
Versus
Yashwant Singh Faujdar & Ors ... Respondent(s)

Click here to read/download the judgment

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