Take swift action against Bar associations passing resolutions asking lawyers not to defend accused: Karnataka High Court to State Bar Council

The Karnataka High Court recently observed that the Karnataka State Bar Council should take swift and strong action against Bar Associations which pass resolutions calling upon its members to refrain from defending a particular accused..A Division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Suraj Govindaraj, said that as per the Supreme Court judgment in AS Mohamed Rafi vs State of Tamil Nadu, Bar associations passing resolutions that its members will not appear for suspected terrorist, rape accused, mass murderer etc is against the Constitution, law and professional ethics. "the Apex court had held thus "the action of any Bar Association in passing such a resolution that none of its members will appear for a particular accused, whether on the ground that he is a policeman or on the ground that he is a suspected terrorist, rapist, mass murderer, etc. is against all norms of the Constitution, the Statute and professional ethics". This is the law which binds all the Bar association and members, thereof. The Karnataka State Bar Council is made aware of the legal position and we are sure that wherever any bar association acts contrary to law laid down in case of AS Mohammed Rafi vs State of Tamil Nadu, the State bar council will take swift action," the Court said. ."Unprofessional:" Karnataka High Court wants action against lawyers body for restricting its members from representing sedition accused .The Court was hearing a petition filed by Advocate Ramesh Naik against the Mysore District Bar Association for allegedly passing a resolution to not represent a student, Nalini Balakumar, who was booked for sedition over holding a "Free Kashmit" poster during an anti-CAA protest last year..The Association informed the Court more than at least hundred advocates of the Association had come forward to file vakalat on behalf of the accused and she was eventually granted anticipatory bail by the court.The Court recorded its appreciation for the same. Advocate Basavaraj S Sappanavar, appearing for the association further submitted that the resolution was pasted on its notice board by "some unknown miscreants"."Some miscreants did it, soon after I came to know I (Bar Association) have removed (the resolution)".The counsel also informed the court about a response received by him from the Mysore City Advocates Multipurpose Cooperative Society, which denied passing the impugned resolution.."Thus, the situation which emerges is that no one knows who had affixed the notice on the notice board of the bar association," the Court observed. .If Bar Associations pass illegal resolutions, we cannot be mute spectators: Karnataka High Court.The Court further said, "It is not in dispute that a notice was published on the notice board of Respondent 2. Statement of objections has been filed by the respondent, pointing out that it has not passed any such resolution and members appeared on behalf of the accused and that the accused was released on bail. A memo has been filed by the bar association in terms of order dated March 16. A copy of a letter dated march 25, issued by the Mysore City Advocates Multipurpose Cooperative Society is issued. It is stated there that said society has not passed any such resolution"..With these observations, the Court disposed of the plea.