B.T. VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners, learned Additional Advocate General for the first to third respondents.

(2.) The resolution passed by the Bar Association (R), Hubli, led to the filing of this writ petition by the petitioners who are the members of the Bar. Three students from Kashmir were arrested in connection with FIR registered in Crime No. 10/2020 in Gokul Police Station. The Special Executive Committee of the Bar Association passed a resolution on 15th February 2020 condemning heinous crime committed by the accused who were described in the resolution as 'anti-national' and it was resolved that no members of the Bar Association should file vakalath on behalf of such anti-national criminals.

(3.) There is already a prima facie finding recorded in the order dated 20th February 2020 that in the light of the law laid down in paragraphs 10 and 24 of the decision of the Apex Court in the case of A.S. Mohammed Rafi v. State of Tamil Nadu represented by Home Department and Others (2011) 1 SCC 688, the resolution was wholly illegal. This resolution led this Court to pass a drastic order of granting police protection to those members of the Bar who wished to represent the accused in the said case. The orders passed by this Court show that notwithstanding the order dated 20th February 2020 and notwithstanding the fact that protection was granted to the members of the Bar who were desirous of representing the accused, the said members of the Bar met with lot of resistance at the hands of some of the members of the local Bar. In the order dated 20th February 2020, this Court took a note of the situation and passed further orders for again protecting the members of the Bar who were representing the accused.