Bar Association Cannot Pass Resolutions Restricting Flow of Legal Services To Litigants: Allahabad HC

The Bench of Justices Attau Rahman Masoodi and Narendra Kumar Johari at Allahabad High Court Lucknow has expressed displeasure over Bar Associations passing resolutions that restrict the flow of legal services to litigants.

In this case, two resolutions passed by the Tehsil Bar Association, Bahraich were under challenge on the ground that services available to litigants in District Court cannot be restricted by resolutions passed by the Bar.

The petitioner, in this case, is a private person against whom a suit for permanent injunction was filed by a practicing lawyer before the Gram Nyayalaya.

The cause to file the suit was that a Khadanja was being laid by gram Panchayat and the entire Bar Council at the instance of the lawyer had passed a resolution stating that legal services will not be offered to the petitioner and other defendants.

As legal services were unavailable to the petitioner, an application u.s 24 CPC was filed and it was allowed.

Even though the case has been transferred to the Civil Judge (Junior Division) and the petitioner and the defendant have already engaged lawyers, and the resolutions have become ineffective, the Bench cautioned the Bar from passing such resolutions.

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As per the Court, such resolutions are not only against professional ethics but are also against Supreme Court guidelines.

The court further stated that the flow of legal services cannot be stopped.

The Bench also directed the UP Bar Council to ensure that local Bar associations should not pass such resolutions that restrict the flow of legal services.

Title: Ramgopal versus Bar Council of UP & Ors

Case No.: Writ C No.: 4880/2022

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