IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL ) NO. 538 of 2019
RUPASHREE H. R.
Vs
THE STATE OF KARNATAKA ORS.
Dated: FEBRUARY 12, 2024.
This matter is pending since 2019 and despite repeated notice, respondent no. 3 i.e. the Mysore Bar Association has not put in appearance.
2. Challenge by means of this petition under Article 32 of the Constitution is to the Resolution dated 16th March, 2019 [Annexure P3], whereby the Mysore Bar Association resolved that no member of the Association would file a vakalatnama on behalf of the present petitioner, details of which were given in the Resolution and any other related case. This Court while entertaining the petition, vide order dated 6th October, 2021 stayed the aforesaid Resolution of the Mysore Bar Association. On the previous date that is 14th November, 2022 notices to respondent no.3 were to be served through the Commissioner of Police, Mysore but despite the same, respondent no. 3 has not put in appearance.
3. In that view of the matter, we have proceeded ex-parte. Having perused the impugned Resolution, we are of the definite view that such a Resolution could not have been passed. Right to defend oneself is a Fundamental Right under Part III of the Constitution of India and further right to appear for a client is also a Fundamental Right being a part of carrying on one’s profession as a lawyer. As such, the said Resolution is hereby quashed.
4. The Writ Petition stands allowed, as above.
5. Pending application(s), if any, shall stand disposed of.
[VIKRAM NATH]
[ SATISH CHANDRA SHARMA]
NEW DELHI;
FEBRUARY 12, 2024.
