Bar Association, Mohamadi v. U.P Bar Council, Allahabad

S.H.A Raza and Naseemuddin, JJ.:— The main thrust of the petitioner Bar Association in this writ petition is that fake Bar Associations have spread their wings in every district, as a result of which the work of the Courts is disrupted. If a particular Bar Association passes a resolution to abstain from the judicial work the another Bar Association goes against it and the same has created a difficulty not only to the judicial officers but it also creates a lot of difficulty and hardship to the sincere and dedicated lawyers engaged in the process of dispensation of justice. Due to stoppage of work in the Court the litigants are the worst sufferers. Although this writ petition was filed by one Bar Association of an outlying Court of a particular district but it is necessary that the U.P Bar Council should devise a policy and issue guidelines which should be observed by each and every Bar Association regarding the fake Bar Association as well as in what circumstances the Court should not be allowed to function.

2. Our attention has been drawn towards a circular of the U.P Bar Council. We are of the view that this circular has not yet been strictly enforced by the Bar Council and those fake Bar Associations or Lawyers who violated guidelines are not proceeded with by the Bar Council itself. The frequent closures of the Courts has caused immense damage as it results not only into the stoppage of the work in Courts on trivial matters but also has adversely affected the reputation of the lawyers themselves. The time has come when the U.P Bar Council should enforce its guidelines and take appropriate action against those who violate the guidelines issued by the Bar Council and devise a method and a policy so that the work in Courts be not disrupted and the dignity and majesty of the Court is restored and purity of legal profession be not impaired.

3. In view of the aforesaid reason we direct the U.P Bar Council to take a decision not only with regard to the representation of the petitioner Association, which it has preferred on 30th of December, 1997, 1.1.98 and 3rd of January, 1998 but take a policy decision with regard to multiplicity of the Bar Associations in other districts and enforce its circular and take appropriate action against those who violate the same.

4.Let a copy of this judgment be sent to the U.P Bar Council.