BANWARI LAL YADAV Vs. HIGH COURT BAR ASSOCIATION

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This petition takes exception to the decision of the Bar Association dated 12.5.2015 taken pursuant to show-cause notice dated 30.4.2015 in the backdrop of defiance of the petitioner to abide by the resolution passed by the Bar Association to abstain from the Court. The law on this subject is no more res integra. The Constituion Bench of the Supreme Court in Ex-Capt.Harish Uppal Vs. Union of India and others, 2003 2 SCC 45 has expounded that the Bar Association cannot threaten the Advocates nor take any action against them who want to appear before the Court by disregarding the protest call given by the Bar Association on the given day. Paragraph 35 of the reported decision reads thus :

(3.) In view of the settled legal position, the impugned action taken by the Bar Association to expel the petitioner is nonest in the eyes of law and must be treated as such for all purposes.