Right to defend oneself a fundamental right: Supreme Court rejects Bar Association’s proposal not to represent any party
Case Title: Roopshree HR vs. State of Karnataka & Ors.
The Supreme Court has quashed the resolution passed by the Mysore Bar Association in which it had resolved not to file Vakalatnama or appear on behalf of the petitioner in any case.
The bench said that the right to defense and the right to appear on behalf of the client is the fundamental right of a lawyer to practice his profession.
It is noteworthy that the case is pending since 2019 and despite repeated notices, Mysore Bar Association did not appear.
Accordingly, a bench of Justices Vikram Nath and Satish Chandra Sharma rejected the proposal, saying, “Considering the matter, we have taken unilateral action. “After reading the impugned resolution, we are of the firm opinion that such a resolution could not have been passed.”
The bench further said, “The right to defend oneself is a fundamental right under Part III of the Constitution of India and also the right to appear for a client as a part of pursuing one’s profession as an advocate. is a fundamental right