"Legal Profession Tainted by Hooliganism": SC condemns attack on Lawyer for representing Accused in Barabanki Violence

On Tuesday, in a significant intervention touching upon the integrity of the legal system and the right to legal representation, the Supreme Court stepped in to address alarming allegations of violence by members of a district bar and the resulting denial of access to counsel, raising serious concerns about whether professional conduct had crossed into outright obstruction of justice.

The controversy began when a dispute at a toll plaza escalated into a scuffle, leading to the arrest of employees performing duty. What followed, however, shifted the case into far more troubling territory, members of a local bar allegedly resolved not to represent the accused, and when one advocate defied this stance to file a bail plea, his office was vandalised and set ablaze.

Counsel for the petitioners argued that such acts created a climate of fear, effectively shutting down access to legal remedies and forcing the accused to approach the Apex Court directly under Article 32 of the Constitution, alleging violation of their fundamental rights.

The Bench delivered a scathing indictment of the situation, observing that “the legal profession… has clearly been tainted and tarnished by the acts of hooliganism” and warning that professional solidarity cannot justify lawlessness. It emphasised that intimidation of lawyers strikes at the core of the justice delivery system, especially when it results in the denial of representation. On the merits, the Court found continued custody of the accused unjustified, noting that “denial of bail… and curtailment of their liberty… is absolutely unjustified and violative of the Fundamental Right of Liberty under Article 21.”

Consequently, the Court ordered their immediate release on bail, transferred the trial to Delhi to ensure fairness, directed protection for the accused, and called upon the Bar Council of India to initiate disciplinary action against those involved.

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