AMIT SACHAN & ANR.versusBAR COUNCIL OF UTTAR PRADESH, LUCKNOW & ORS.

                         [2021] 9 S.C.R. 29                             29


                     AMIT SACHAN & ANR.                                 A
                                 v.
  BAR COUNCIL OF UTTAR PRADESH, LUCKNOW & ORS.
      (Special Leave Petition (Civil) Nos. 15349-15350 of 2021)
                      SEPTEMBER 24, 2021                                B
           [M. R. SHAH AND A. S. BOPANNA, JJ.]
       Advocates – Election of members of the Bar Association –
Role to be played by the members of the Bar in the administration
of justice delivery system – On facts, in election of Awadh Bar
                                                                        C
Association scheduled to be held on 14.08.2021, the candidates/
advocates alongwith their supporters entered into the voting arena
and indulged in tearing ballot papers and in pushing female lawyers
and misbehaving with them – One lawyer was seriously injured and
his hand got fractured in the incident – Another lawyer suffered
heart attack – High Court took suo moto cognizance and issued           D
various directions including to hold fresh elections on 25.09.2021
– Held: The directions as issued by High Court cannot be faulted in
the peculiar facts and circumstances of the case, which were issued
to maintain the purity of the election of the Bar Association – No
member of the Bar can be permitted to misbehave in the premises of
                                                                        E
the High Court – The manner in which the lawyers acted and
misbehaved on 14.08.2021 in the premises of the High Court, where
the election of the Bar Association was going on, cannot be tolerated
and accepted and is deprecated – Office bearers of the Bar
Association are to be elected by the genuine voters and the advocates
genuinely / regularly practicing in the High Court and/or the Court     F
concerned, and outsiders not regularly practicing in that court
cannot be permitted to hijack the system by permitting them to take
part in the election process of electing members of the Bar
Association – Ethics.
      EXTRA ORDINARY APPELLATE JURISDICTION: Special                    G
Leave Petition (Civil) Nos. 15349-15350 of 2021.
       From the Judgment and Orders dated 24.08.2021 and 27.08.2021
of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
in (PIL Civil) No.18055 of 2021.
                                                                        H
                                 29
30            SUPREME COURT REPORTS                           [2021] 9 S.C.R.


A          R. Balasubramanian, Sr. Adv., V. N. Subramaniam, Ms. Anzu K.
     Varkey, Jyotiresh Pandey, Girish Tiwari, Sarvesh Kr. Pandey, Pankaj
     Shukla, Satish Solanki, Ms. Jaswanthi A., Advs. for the Petitioners.
           Asim Chandra, Surya Mani Singh Royekwar, Farrukh Rasheed,
     Advs. for the Respondents.
B          The following Order of the Court was passed :
                                   ORDER
            1. Feeling aggrieved and dissatisfied with the impugned orders
     dated 24.08.2021 and 27.08.2021 passed by the Division Bench of the
C    Lucknow Bench of the High Court of Judicature at Allahabad passed in
     P.I.L. Civil No.18055 of 2021 by which the High Court has directed in
     paragraph 24 as under:-
           “(I)    The U.P. Bar Council shall issue necessary circular or
                   order implementing the principle of ‘one Bar one Vote’.
D          (II)    The U.P. Bar Council shall direct all the registered Bar
                   Associations to put on their website/notice board the names
                   of members who have casted their vote in last three years
                   i.e., 2018, 2019 and 2020.
           (III)   The Central Bar Association, Lucknow Bar Association,
E                  State Public Services Tribunal Bar Association, Central
                   Administrative Tribunal Bar Association and Armed Forces
                   Tribunal Bar Association are directed to put on their
                   website/ notice board the list of members who have casted
                   their vote in last three elections i.e., 2018, 2019 and 2020.
F          (IV)    The Elders’ Committee, Awadh Bar Association shall
                   formulate ‘code of conduct’ for elections keeping in view
                   the recommendations and directions issued today.
           (V)     Canvassing by distribution of visiting cards/cards, pamphlets
                   or poster should be prohibited in the elections of the Awadh
G                  Bar Association. Distribution of lunch packets, refreshment,
                   etc. should not be allowed either before or during the
                   election and all those who are found distributing such things
                   should be debarred from contesting elections. Hosting or
                   arranging dinner parties for canvassing for elections should
                   be prohibited.
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     AMIT SACHAN & ANR. v. BAR COUNCIL OF UTTAR                                  31
             PRADESH, LUCKNOW & ORS.

       (VI)    Senior Registrar or any other Officer deputed by him in           A
               consultation with the Elders’ Committee shall debar such
               Members of Awadh Bar Association from participating
               the ensuing election who may be found having indulged in
               misbehaviour and disrupting the process of election on
               14.8.2021 while the polling was in process, after due
                                                                                 B
               verification of the complaints received and perusal of video
               clipping and such other evidence as may be available.”
      The petitioners – advocates reported to be practicing lawyers
and contesting the election of the Awadh Bar Association, 2021 have
preferred the present special leave petitions.
                                                                                 C
      2. It is the case on behalf of the petitioners that by the impugned
order, the High Court has declared the election of the Awadh Bar
Association scheduled to be held on 14.08.2021, however, without
appreciating the difficulties that it will be very difficult to bring back the
nearly 4,500 members again for voting in this pandemic situation. It is
submitted that as far as the earlier election is concerned, only the polling     D
was got cancelled by the Returning Officer.
       2.1 It is the case on behalf of the petitioners that in the election,
which was held on 14.08.2021 out of 4,500 members, 3,614 members
directly cast their votes and the remaining members, who were to cast
their votes were only 1,219 members. It is submitted therefore that the          E
High Court is not at all justified in declaring fresh elections.
        3. Having heard the learned counsel appearing on behalf of the
petitioners and the impugned orders passed by the High Court, it appears
that in the election of Awadh Bar Association held on 14.08.2021 held in
the premises of the High Court of Lucknow, unruly, indecent and rustic           F
behavior and breach of protocol by some of the lawyers lead to ultimately
cancellation of the election which had caused the security issues in the
premises of the High Court and the Officers and Police were compelled
to intervene to maintain the decorum. Therefore, the High Court rightly
took the suo moto cognizance of the incident occurred on 14.08.2021 in           G
the premises of the High Court.
       3.1 As can be seen from the impugned orders that in the election
of Awadh Bar Association scheduled to be held on 14.08.2021, the
candidates/advocates alongwith their supporters entered into the voting
arena and indulged in tearing ballot papers and in pushing female lawyers
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32            SUPREME COURT REPORTS                            [2021] 9 S.C.R.


A    and misbehaving with them. Even one lawyer was seriously injured and
     his hand got fractured in the incident. One lawyer suffered heart attack,
     therefore, the High Court rightly took suo moto cognizance and issued
     various directions including to hold fresh elections on 25.09.2021. The
     directions as issued by the High Court in paragraph 24 cannot be faulted
     in the peculiar facts and circumstances of the case, which seems to be
B
     issued to maintain the purity of the election of the Bar Association.
           3.2 Having noted the importance of the Bar and the role to be
     played by the members of the Bar in the administration of justice delivery
     system, this Court in the case of R. Muthukrishnan Vs. Registrar
     General, High Court of Judicature at Madras, (2019) 16 SCC
C    407 has observed in paragraphs 16 to 19 as under:-
           “16. The legal profession cannot be equated with any other
           traditional professions. It is not commercial in nature and is a
           noble one considering the nature of duties to be performed and its
           impact on the society. The independence of the Bar and autonomy
D          of the Bar Council has been ensured statutorily in order to preserve
           the very democracy itself and to ensure that judiciary remains
           strong. Where the Bar has not performed the duty independently
           and has become a sycophant that ultimately results in the
           denigrating of the judicial system and judiciary itself. There cannot
E          be existence of a strong judicial system without an independent
           Bar.
           17. It cannot be gainsaid that lawyers have contributed in the
           struggle for independence of the nation. They have helped in the
           framing of the Constitution of India and have helped the courts in
F          evolving jurisprudence by doing hard labour and research work.
           The nobility of the legal system is to be ensured at all costs so that
           the Constitution remains vibrant and to expand its interpretation
           so as to meet new challenges.
           18. It is basically the lawyers who bring the cause to the Court
G          are supposed to protect the rights of individuals of equality and
           freedom as constitutionally envisaged and to ensure the country
           is governed by the rule of law. Considering the significance of the
           Bar in maintaining the rule of law, right to be treated equally and
           enforcement of various other fundamental rights, and to ensure
           that various institutions work within their parameters, its
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     AMIT SACHAN & ANR. v. BAR COUNCIL OF UTTAR                                   33
             PRADESH, LUCKNOW & ORS.

      independence becomes imperative and cannot be compromised.                  A
      The lawyers are supposed to be fearless and independent in the
      protection of rights of litigants. What lawyers are supposed to
      protect, is the legal system and procedure of law of deciding the
      cases.
      19. Role of the Bar in the legal system is significant. The Bar is          B
      supposed to be the spokesperson for the judiciary as Judges do
      not speak. People listen to the great lawyers and people are
      inspired by their thoughts. They are remembered and quoted with
      reverence. It is the duty of the Bar to protect honest Judges and
      not to ruin their reputation and at the same time to ensure that
      corrupt Judges are not spared. However, lawyers cannot go to                C
      the streets or go on strike except when democracy itself is in
      danger and the entire judicial system is at stake. In order to improve
      the system, they have to take recourse to the legally available
      methods by lodging complaint against corrupt Judges to the
      appropriate administrative authorities and not to level such                D
      allegation in the public. Corruption is intolerable in the judiciary.”
       3.3 It is further observed in paragraph 31 that there is no room for
taking out the procession in the court premises or slogan raising in the
courts. This Court has very heavily criticized the misbehave of the
advocates in the premises of the High Court of Madras resulting into              E
requisitioning of CISF to maintain safety and majesty of the Court and
rule of law. In paragraph 31, it is observed as under:-
      “31. There is no room for taking out the procession in the court
      premises, slogan raising in the courts, use of loudspeakers, use of
      intemperate language with the Judges or to create any kind of               F
      disturbance in the peaceful, respectful and dignified functioning
      of the court. Its sanctity is not less than that of a holy place reserved
      for noble souls. We are shocked to note that the instances of
      abject misbehaviour of the advocates in the premises of the High
      Court of Madras resulting into requisitioning of CISF to maintain
      safety and majesty of the Court and rule of law. It has been                G
      observed by this Court in Mahipal Singh Rana [Mahipal Singh
      Rana v. State of U.P., (2016) 8 SCC 335 : (2016) 4 SCC (Civ) 1
      : (2016) 3 SCC (Cri) 476 : (2016) 2 SCC (L&S) 390] that the Bar
      Council has failed to discharge its duties on the disciplinary side.
      In our opinion, in case such state of affairs continues and the Bar         H
34              SUPREME COURT REPORTS                        [2021] 9 S.C.R.


A           Council fails to discharge duties the Court shall have to supervise
            its functioning and to pass appropriate permissible orders.
            Independence of the Bar and the Bench both are supreme, there
            has to be balance inter se.”
            4. Any member of the Bar cannot be permitted to misbehave in
B    the premises of the High Court. The manner in which the lawyers acted
     and misbehaved on 14.08.2021 in the premises of the High Court, where
     the election of the Awadh Bar Association was going on, cannot be
     tolerated and accepted and has to be deprecated.
            4.1 Being a member of the legal profession, which always is being
C    considered as a noble profession, what message the lawyers, who
     misbehaved will give to the public at large. Office bearers of the Bar
     Association are to be elected by the genuine voters and the advocates
     genuinely/regularly practicing in the High Court and/or the Court
     concerned, and outsiders not regularly practicing in that court cannot be
     permitted to hijack the system by permitting them to take part in the
D    election process of electing members of the Bar Association. As the
     matter is subjudice before the High Court, we refrain from making further
     observations on the conduct of the advocates, who misbehaved and that
     too as stated in the impugned order that even the female lawyers were
     pushed and some of the candidates alongwith their supporters even
E    misbehaved with them.
            5. We see no reason at all to interfere with the impugned orders,
     which as such is in furtherance of maintaining the purity of the election
     of the members of the Bar Association. The special leave petitions are
     accordingly stand dismissed.
F
     Devika Gujral                                                SLPs dismissed.




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