Supreme Court: Right To Defend Oneself A Fundamental Right

 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. {Para 3}

 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.

……………………………………………………. .J.

[VIKRAM NATH]

……………………………………………………. .J.

[ SATISH CHANDRA SHARMA]

NEW DELHI;

FEBRUARY 12, 2024.

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