This appeal challenges a previous judgment passed by the Delhi High Court, which had officially recognised the Central Delhi Court Bar Association as the primary bar association for the Rouse Avenue Court.
NEW DELHI: Today, 8th April: The Supreme Court of India agreed to urgently hear an appeal filed by the Rouse Avenue District Court Bar Association.
This appeal challenges a previous judgment passed by the Delhi High Court, which had officially recognised the Central Delhi Court Bar Association as the primary bar association for the Rouse Avenue Court.
Senior Advocate Ramakrishnan Viraraghavan, who is representing the Rouse Avenue District Court Bar Association, highlighted two key concerns during the hearing.
He said, “There are two issues here. One is about challenging the legality of the BCD (Bar Council of Delhi) Rules. The Rajasthan High Court has already cancelled similar rules. The main point is that there is no legal authority to make rules about forming, recognizing, or holding elections for a bar association.”
Justice BR Gavai, one of the judges hearing the case, questioned the urgency of the matter and asked,
“Why is this matter so urgent that it should be heard before other cases?”
In response, Senior Advocate Viraraghavan argued that the matter was serious because the Bar Council of Delhi acted without proper procedure.
He said, “The Bar Council of Delhi (BCD) unfairly and in bad faith removed recognition of the Rouse Avenue Court Bar Association without giving any notice. They supported another association instead. Because of this, I was not able to take part in the election of my own bar association.”
Justice Gavai then made a light-hearted remark, saying, “Can you imagine having more than one association in the same court? It’s already hard enough to manage just one.”
He jokingly added, “Mr. Sibal would agree with that.”
Earlier, The High Court has dismissed the claims of the Rouse Avenue Bar Association, Delhi Rouse Avenue Court Bar Association, and Rouse Avenue District Court Bar Association to be recognised as the official bar association for the Rouse Avenue Court Complex. The Court cited procedural irregularities in how members were enrolled in these associations.
In its order dated April 8, a division bench comprising Justice Sanjeev Sachdeva and Justice Ravinder Dudeja observed:
“Accordingly, in view of the above, we are of the view that none of the three Associations can be accepted as the Court annexed/recognized Bar Association of the Rouse Avenue District Court Complex. Consequently, the decision of the Bar Council of Delhi in refusing to grant recognition to the Rouse Avenue Bar Association and the Rouse Avenue District Court Bar Association and cancelling the recognition of the Delhi Rouse Avenue Court Bar Association cannot be faulted.”
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The Court clarified that while Article 19(1)(c) of the Constitution guarantees all citizens the right to form associations, the formation of such a body does not automatically entitle it to be recognised as a court-annexed association or under the Advocates Welfare Fund Act.
The bench further noted that the Central Delhi Court Bar Association, constituted by the Bar Council of Delhi, naturally held preference in this matter.
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