LAWS(ALL)-1999-8-142

BAR ASSOCIATION Vs. UTTAR PRADESH BAR COUNCIL

Decided On August 09, 1999
BAR ASSOCIATION Appellant
V/S
UTTAR PRADESH BAR COUNCIL Respondents

JUDGEMENT

(1.) The main thrust of the petitioner Bar Association in this writ petition is that fake Bar Associations have spread their wings in every district, as a result of which the work of the Courts is disrupted. If a particular Bar Association passes a resolution to abstain from the judicial work the another Bar Association passes a resolution to abstain from the judicial work the another Bar Association goes against it and the same has created a difficulty not only to the judicial officers but it also creates a lot of difficulty and hardship to the sincere and dedicated lawyers engaged in the process of dispensation of justice. Do to stopage of work in the Court the litigants arc the worst sufferers. Although this writ petition was filed by one Bar Association of an Outlying Court of a particular district but it is necessary that the U.P. Bar Council should devise a policy and issue guidelines which should be observed by each and even Bar Association regarding the fake Bar Associations as well and in what circumstances the Court should not be allowed to function.

(2.) Our attention has been drawn towards a circular of the U.P. Bar Council. We are of the view that this circular has not yet been strictly enforced by the Bar Council and those fake Bar Associations or Lawyers who violated guidelines are not proceeded with by the Bar Council itself. The frequent closures of the Courts has caused immense damage it results into not only stoppage of the work in Courts on trivial matters but also has adversely affected the reputation of the lawyers themselves. The time has come when the U.P. Bar Council should enforce its guidelines and take appropriate action against those who violates the guidelines issued by the Bar Council and device a method and a policy so that the work in Courts be not disrupted and the dignity and majesty of the Courts is restored and purety of legal profession be not impaired.

(3.) In view of the aforesaid reason we direct the U.P. Bar Council to take a decision not only with regard to the representation of the Petitioner Association, which it has preferred on 30th of December. 1997, 1-1-98 and 3rd of January, 1998 but take a policy decision with regard to multiplications of the Bar Associations in other districts and enforce its circular and take appropriate action against those who violates the same.