SC reprimands Bharatpur Bar Association for resolution restraining lawyers from taking up legal aid defence counsel work
May 08, 2023
New Delhi [India], May 8 : The Supreme Court on Monday reprimanded a district Bar Association in Rajasthan for passing a resolution to restrain lawyers from defending the accused in cases under a legal aid scheme of NALSA, saying it is "sheer criminal contempt".
A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala summoned the office bearers of the Bar Association of Bharatpur to personally remain present in court and explain their action of suspending the license of the lawyers.
The apex court warned that it will send to jail those who are responsible for passing such a resolution and asked them to withdraw the resolution restraining lawyers from getting empanelled as volunteers under the Legal Aid Defence System of the National Legal Services Authority (NALSA).
"Bar Associations passing a resolution that lawyers will not represent an accused is nothing but criminal contempt. Bar associations cannot pass such resolutions. The reason why lawyers say no one should appear for defence is nothing but sheer criminal contempt. We will send all these people to jail. You must withdraw the resolution," said the CJI.
The apex court was hearing a plea seeking initiation of contempt proceedings against the Bar Association and its office bearers for obstructing the work of legal aid defence counsel appointed by the District Legal Services Authority under the NALSA scheme to provide legal representation to poor persons facing criminal prosecution.
Some of the lawyers, who have been appointed as public defenders under the scheme, have moved the apex court alleging that their licenses have been suspended by the Bar for not following their decision.
Earlier, the apex court had stayed the decision of the Bar Association to suspend the lawyers who had taken up assignments under the NALSA scheme.
The Bar Association unanimously passed a resolution in 2022 restraining its member lawyers from taking up assignments under the scheme and warned them that they will have to resign from its membership if they take up any work under the scheme.
The legal aid services authority had introduced a 'Legal Aid Defence Counsel Scheme' for Bharatpur district. As per the scheme, lawyers are to be engaged full-time to exclusively work to provide legal aid to persons accused or convicted of crimes and the remuneration is paid by the legal services authorities.
When the recruitment process for the scheme was initiated, the lawyers in Bharatpur protested against the scheme.
