RUPASHREE H. R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This matter is pending since 2019 and despite repeated notice, respondent no. 3 i.e. the Mysore Bar Association has not put in appearance.

(2.) Challenge by means of this petition under Article 32 of the Constitution is to the Resolution dtd. 16/3/2019 [Annexure P3], whereby the Mysore Bar Association resolved that no member of the Association would file a vakalatnama on behalf of the present petitioner, details of which were given in the Resolution and any other related case. This Court while entertaining the petition, vide order dtd. 6/10/2021 stayed the aforesaid Resolution of the Mysore Bar Association. On the previous date that is 14/11/2022 notices to respondent no. 3 were to be served through the Commissioner of Police, Mysore but despite the same, respondent no. 3 has not put in appearance.

(3.) In that view of the matter, we have proceeded ex-parte. Having perused the impugned Resolution, we are of the definite view that such a Resolution could not have been passed. Right to defend oneself is a Fundamental Right under Part III of the Constitution of India and further right to appear for a client is also a Fundamental Right being a part of carrying on one 's profession as a lawyer. As such, the said Resolution is hereby quashed.