In a significant judicial intervention, the Allahabad High Court on Monday challenged the Etah Bar Association over a controversial resolution regarding the membership of lawyers. The resolution states that any lawyer who takes up a personal legal dispute against another lawyer within the same court will face cancellation of their membership in the Bar Association.
Justice Kshitij Shailendra, presiding over the bench, issued a notice to the President of the Etah Bar Association, demanding an affidavit to justify the legal basis for such a resolution. The court is seeking clarification on the association’s authority to restrict a client’s choice of legal counsel based on the opposing party being a lawyer in the same jurisdiction.
The order from the High Court came during the hearing of a petition by Saurabh Dwivedi, who is involved in a legal battle concerning the custody of his minor child. Dwivedi’s case is currently underway in the Family Court of Etah, but he is seeking a transfer to Lucknow or another competent jurisdiction, citing undue influence exerted by the opposing party, who is a practising lawyer and allegedly influencing local law enforcement.
The resolution by the Bar Association has notably hindered Dwivedi from engaging a lawyer in Etah, complicating his efforts to pursue his case. His counsel argued that this obstruction violates basic legal rights and disrupts the administration of justice.
In its stern warning, the High Court stated that failure to provide a satisfactory explanation from the Bar Association might lead to action against its office bearers. Moreover, the court emphasized that the resolution could be treated as an obstruction to justice if it stands unvalidated.
Adding to the legal proceedings, the court also issued a notice to the opposing party in Dwivedi’s case, granting a four-week period to file a counter-affidavit. Meanwhile, the proceedings of the ongoing case have been stayed until the next hearing date, awaiting further clarifications from the Bar Association.
