The bench of Justices Abhay S Oka and Augustine George Masih, the Court questioned why the High Court should entertain writ petitions from members of the bar to decide which bar association is the real one.
NEW DELHI: The Supreme Court on Friday (9th Aug) issued notice in an appeal against a Delhi High Court decision which recognised the Central Delhi Court Bar Association as the main bar body for the Rouse Avenue District Court.
The High Court had previously rejected the claims of the Rouse Avenue Bar Association, the Delhi Rouse Avenue Court Bar Association, and the Rouse Avenue District Court Bar Association, all of which had staked their claim to be declared as the recognised bar association for the Rouse Avenue Court.
Aggrieved by the High Court’s decision, the associations had approached the apex court. When the matter was taken up by a Bench of Justices Abhay S Oka and Augustine George Masih, the Court questioned why the High Court should entertain writ petitions from members of the bar to decide which bar association is the real one.
“We are questioning why the High Court should be involved in determining which Bar Association is legitimate. Why should the High Court entertain such petitions from bar members?”
The Court stated that the fundamental right of all citizens to form an association under Article 19(1)(c) of the Constitution of India does not extend to the right to be recognized as a bar association by a State Bar Council or the Court for receiving benefits tied to such recognition.
“Regarding the fundamental right of all citizens to form an association as guaranteed by Article 19(1)(c) of the Constitution, there is no disagreement that such associations can be created… However, just because an association is lawfully formed does not automatically grant it recognition as a Court-affiliated association or a recognized association under the Advocates Welfare Fund Act,”
the Court observed.
The counsel for the Rouse Avenue Bar Association submitted that they had only wanted the High Court to direct the Bar Council of Delhi to decide on this aspect, but the High Court had gone beyond that.
The Supreme Court has now issued notice on the appeal and has posted the matter for further consideration after four weeks.
CASE TITLE: Rouse Avenue District Court Bar Association v. The Bar Council of Delhi and Another
