Bar Associations Cannot Prevent Advocates From Representing Accused Persons : Uttarakhand HC [Read Judgment]
5 years, 6 months ago

Bar Associations Cannot Prevent Advocates From Representing Accused Persons : Uttarakhand HC [Read Judgment]

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The High Court of Uttarakhand has reiterated that every accused person has a constitutional right to be defended in the court and that the Bar Associations cannot indulge in the practice of restraining its members from representing any accused.The decision in question was taken in the backdrop of an Advocate named Sushil Raghuvanshi, a member of the Kotdwar Bar Association, Uttarakhand. The decision in question was taken in the backdrop of an Advocate named Sushil Raghuvanshi, a member of the Kotdwar Bar Association, Uttarakhand getting shot dead by some unknown persons in 2017. In this behalf, a resolution dated 17.05.2019, passed by the Kotdwar Bar Association, Uttarakhand, whereby the Association had resolved that "no member of Kotdwar Bar Association/officer bearer shall represent the accused persons of the murder of late advocate Sushil Raghuvanshi in court…if any advocate despite of this notice and information represents the murder accused in court then Kotdwar Bar association will take action against those members and their membership shall be terminated". The "special circumstances" mentioned in Part VI Chapter II, Section II, Clause 11 of the Bar Council of India Rules which justifies refusal of an Advocate to accept a particular brief, refers, by the use of the word "his", to the Advocate in his individual capacity, and not to the Bar Association as a whole.

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