The Supreme Court of India has ordered the immediate release of toll plaza employees on bail and transferred their criminal trial from Barabanki, Uttar Pradesh, to Delhi, after local advocates allegedly engaged in arson and “unruly behavior” to prevent the accused from receiving legal representation.
A Division Bench comprising Justice Vikram Nath and Justice Sandeep Mehta expressed grave concern over the conduct of the legal fraternity in the state, observing, “The custodians of justice (Members of the District Bar Association, Barabanki) have turned into perpetrators of violence, which has led the petitioners to knock the doors of this Court to protect their Fundamental Rights.”
Background of the Case
The petitioners, residents of Madhya Pradesh and employees of $M/s$. Skylark Infra Engineering Pvt. Ltd., were posted at the Gotona Bara Toll Plaza in District Barabanki. On January 14, 2026, a verbal dispute occurred between the staff and an advocate, Mr. Ratnesh Shukla, who allegedly refused to pay toll charges. The incident escalated into a scuffle, leading to an F.I.R. (No. 15/2026) being registered against the petitioners under various sections of the Bharatiya Nyaya Sanhita, 2023, including Sections 115(2), 352, and 311.
The petitioners were arrested and remanded to judicial custody on January 16, 2026. They alleged that the mandatory requirement of communicating the grounds of arrest was not complied with during the remand proceedings.
“Atmosphere of Fear” and Bar Association Resistance
Following the F.I.R., the Bar Association in Barabanki reportedly passed a resolution that no advocate would represent the accused. The Court noted that even the Bar Council of Uttar Pradesh requested the Chief Minister to invoke the National Security Act against the petitioners over a “trivial scuffle.”
When one advocate, Shri Manoj Shukla, filed a bail application for the petitioners on February 5, 2026, members of the Bar allegedly set his furniture on fire and burnt his effigy. The Court referred to news reports from Dainik Bhaskar confirming that a group of lawyers, led by the District Bar Association President, committed acts of arson in the court premises.
“Resultantly, no advocate in Barabanki, or even from the nearby places is willing to represent the petitioners… on account of atmosphere of fear created by the members of Bar,” the Court recorded.
The Court’s Analysis
The Bench found that the personal liberty of the petitioners had been curtailed for over two months for an incident occurring while they were “bonafide performing their duties.”
The Court observed:
“The legal profession, which was once regarded as a noble profession, has clearly been tainted and tarnished by the acts of hooliganism… We can understand the sentiment of fraternity amongst the lawyers but that, by no means, can justify the acts of violence and lawlessness.”
The Bench further stated that denial of bail in this case was “absolutely unjustified” and a violation of the Fundamental Right to Liberty under Article 21 of the Constitution.
The Decision
Exercising its extraordinary jurisdiction under Article 32, the Supreme Court issued the following directions:
- Immediate Bail: The petitioners are to be released forthwith upon furnishing personal bonds to the satisfaction of the concerned Magistrate.
- Transfer of Case: To ensure “proper legal representation and a fair trial,” the proceedings arising from FIR No. 15/2026 are transferred from Barabanki to the Tis Hazari Courts, New Delhi.
- Protection: The Director General of Police (DGP), Uttar Pradesh, is directed to ensure the safety of the petitioners and provide them with an escort to a safe location upon their release.
- Disciplinary Action: The Registry has been directed to forward the order to the Bar Council of India for “appropriate action” regarding the conduct of the Barabanki lawyers.
The Court concluded by condemning the role of the Bar members who indulged in hooliganism, noting that such acts “deserve to be deprecated.”
Case Details
- Case Title: Vishvjeet and Others v. State of Uttar Pradesh and Another
- Case Number: Writ Petition (Criminal) No. 109 of 2026
- Bench: Justice Vikram Nath and Justice Sandeep Mehta
- Date of Order: March 17, 2026
