Daily News Analysis ‘Can Bar Associations Boycott an Accused’s Defence?’ : 7 July

Why in News:

• A Bar Association’s resolution refusing to represent an accused has revived the debate on the legality of such collective decisions.

Right to Legal Representation: Key Facts

• Supreme Court’s Stand: Bar Associations cannot collectively refuse to represent any accused; such resolutions are illegal, unconstitutional and void.
• Key Judgment: A.S. Mohammed Rafi v. State of Tamil Nadu (2010) held that Bar resolutions boycotting accused persons violate the rule of law and professional ethics.
• Article 22(1): Guarantees every arrested person the right to consult and be defended by a legal practitioner of their choice.
• Article 21: Right to life and personal liberty includes the right to a fair trial.
• Article 14: Ensures equality before law and equal protection of laws.
• Article 39A (Directive Principle of State Policy): Directs the State to ensure equal access to justice and provide free legal aid to the needy.
• Bar Council of India (BCI) Rules: An advocate is generally bound to accept a brief; refusal is permitted only in individual special circumstances, not through collective Bar resolutions.
• Court Clarification: Kuldeep Agarwal v. State of Uttarakhand (2019) held that “special circumstances” apply only to an individual advocate, not to a Bar Association.
• Judicial View: Courts have repeatedly quashed such resolutions, observing that preventing legal representation may even amount to criminal contempt of court.