Rights of bar association
ARIJIT ROY
(Querist) 07 March 2012
This query is : Resolved
My father is a practicing lawyer in Purulia District Judge’s Court and also Additional Public Prosecutor, Dist.- Purulia, West Beengal. On 28/02/2012 there was a strike (bandh) called by some political parties and the Chief Minister of W.B. , Mamata Banerjee had requested all State Govt employees to attend their offices in order to avoid break-in-service. On the other hand there is a resolution of the Bar Association of Purulia that – if there is a strike called by some political party or otherwise and normal means of public transport is disturbed, then members of Purulia Bar Association shall not appear before any courts. My father on the said date i.e., 28/02/2012 appeared before court in two cases on behalf of the State of West Bengal as Penal Lawyer. Due to this the Purulia Bar Association took the following steps against my father via a resolution:
• Struck his name off the rolls of Bar Association, Purulia.
• Accused my father of Professional Misconduct.
• Decided that they will not appear in any Sessions or State case where my father appears as Additional Public Prosecutor, and the Public Prosecutor took away all the briefs from my father in which he was representing the State.
• Informed this matter to the Bar Council of West Bengal and asked them to take stern steps against my father
• Sent this information to the District Judge and District Magistrate, Purulia.
My queries are:
• Does the Bar Association have the right to request the Public Prosecutor to take the briefs way from my father because of there decision not to work with my father in any Govt case?
• Whatever my father did, does it constitute “professional Misconduct’?
• Is the Bar Association an NGO or government Body?
adv. rajeev ( rajoo )
(Expert) 07 March 2012
Bar association has not right pass a resolution to strike out your father's name. He is considered as Govt., servant. Let him challenge the order of the bar association.
Raj Kumar Makkad
(Expert) 07 March 2012
As already replied by way of a PM, you have been cleared that the act and conduct of bar association is totally illegal and beyond its rights.
Your father should make a representation to the Bar Council of your State failing which should file a writ before High court. There are numerous citations in favour of your father.
Raj Kumar Makkad
(Expert) 07 March 2012
As already replied by way of a PM, you have been cleared that the act and conduct of bar association is totally illegal and beyond its rights.
Your father should make a representation to the Bar Council of your State failing which should file a writ before High court. There are numerous citations in favour of your father.
Deepak Nair
(Expert) 07 March 2012
1. Bar Assosiatio has no such right.
2. Your father's act of obeying the government order does not amount to professional misconduct.
3. Bar Association is neither an NGO nor a government body. It is an association of lawyers practicing in a specific court. Every court have a bar association.
Your father is a lawyer and he is well aware of such procedures. He is competent enough to handle this issue.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 March 2012
Certain actions have moral significance and not defined in any law.
Bar association is a body of all advocates and its voice has weight and that is why all the briefs has been taken out by the public prosecutor form him.
And when bar association members will bycott cases in which he is appearing how the cases will move on so briefs have been taken away.
YOU CAN NOT GO AGAINST WHOLE THE BAR., AND NO LAW CAN DEFINE REMEDY.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 March 2012
Certain actions have moral significance and not defined in any law.
Bar association is a body of all advocates and its voice has weight and that is why all the briefs has been taken out by the public prosecutor form him.
And when bar association members will bycott cases in which he is appearing how the cases will move on so briefs have been taken away.
YOU CAN NOT GO AGAINST WHOLE THE BAR., AND NO LAW CAN DEFINE REMEDY.
Shonee Kapoor
(Expert) 07 March 2012
I agree that action of the bar asociation is illegal.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raja
(Expert) 30 January 2013
I am associated with Purulia and I know well the activity of Purulia Bar. And I am confident, you can challenge this decision in Court of Law to teach a lesson.... I can help you, if you need!
V R SHROFF
(Expert) 30 January 2013
Unity is strength.
Before APP, he is Advocate, and that's why he is APP.
Whether a person like it or not, Majority decision must be respected, and obeyed. It is called discipline, even if the decision or order of Bar Association is unjustified or illegal.
United we live: Divided we Fall.
Thousand mind think thousand different ways,
For success, we must act only in one direction, irrespective of our individual thinking.
One must not go against the Directive of Bar Association, however wrong it may be.
Must observe INDOOR MANAGEMENT.
"Ghar fute Ghar Jay"
One small hole out of thousands of nails, sink the whole ship.
One person must not go against the decision of thousands, or try to break the unity.
DO NOT BREAK UNITY.
Raj Kumar Makkad
(Expert) 01 February 2013
jaa ke paan na fte beewayee, so kya jane peer prayee?
It is very easy to teach lesson to others but when one actually faces the problem, he forgets all such teachings.
Why to bear such so-called discipline, which ruins a disciplined member of bar association and snatches his right to livelihood and if such tendencies have to be bear then what is the purpose of the courts? Why to fight against State because it shall make dent in the faith on State?
I strongly disagree and even sorry to condemn the views of Shroff and strongly stand with Raja Banerjee and I also offer my services to the querist to fight against such irresponsible persons of Bar Association.
ARIJIT ROY
(Querist) 01 February 2013
It baffles me how such experts in legal field give more priority to the UNITY of Bar Association than discharging their assigned duties and services and providing relief to the litigant public. I guess Mr Shroff needs to re-think that that the Bar Association is not any Trade Union and legal practitioners have higher sense of responsibilities and liabilities to the society than any other.
