SupremeCourt – Top Court Orders Bail, Condemns Bar Violence in UP Case
SupremeCourt – The Supreme Court has sharply criticised incidents of violence involving members of the legal fraternity in Uttar Pradesh’s Barabanki district, while granting bail to toll plaza workers who had approached the court citing threats and denial of legal assistance.
The decision came from a Bench led by Justice Vikram Nath along with Justice Sandeep Mehta, which heard a petition filed under Article 32 of the Constitution. The court noted with concern that individuals entrusted with upholding justice had allegedly engaged in acts that created fear and obstructed access to legal representation.
Concerns Over Breakdown of Legal Ethics
In its observations, the Bench remarked that members of the District Bar Association in Barabanki had failed to uphold the dignity of the profession. Instead of ensuring justice, their conduct had contributed to an environment where the accused were unable to secure proper legal defence.
The court described the situation as troubling, stating that the very individuals responsible for safeguarding justice appeared to have acted in ways that undermined it. This, it said, compelled the petitioners to seek intervention from the highest court to protect their fundamental rights.
Background of the Incident
The case stems from an altercation on January 14 at the Gotona Bara Toll Plaza along the Lucknow–Sultanpur highway. The petitioners, employed on a contractual basis by a private infrastructure company, were assigned toll collection duties when a dispute reportedly arose over payment.
According to the police complaint, a disagreement between a lawyer and toll staff escalated into a physical confrontation. Following the incident, authorities registered a criminal case under provisions of the Bharatiya Nyaya Sanhita at Haidergarh police station.
The employees were subsequently taken into custody and remanded to judicial detention on January 16. They later claimed that they were not properly informed of the reasons for their arrest.
Allegations of Intimidation and Protest
The petitioners further alleged that after the incident, members of the local bar association organised protests and discouraged lawyers from representing them. A resolution was reportedly circulated urging advocates to refrain from taking up the case.
When one lawyer attempted to file a bail application on behalf of the accused, his office was allegedly vandalised, with reports of damage to furniture and property. These developments, the court observed, reflected a serious breakdown of professional conduct.
Court’s Strong Observations on Conduct
The Bench expressed deep concern over what it described as acts of hooliganism within the legal community. It noted that while a sense of solidarity among lawyers is natural, it cannot justify violence or obstruction of justice.
The court emphasised that the legal profession has long been regarded as a noble calling, and such incidents risk eroding public trust. It also called upon the Bar Council of India to examine the matter and take appropriate disciplinary action where necessary.
Bail Granted, Trial Shifted for Fairness
Taking into account that the accused had spent more than two months in custody, the court ruled that continued detention was unjustified. It observed that a reading of the FIR did not support denial of bail under the circumstances.
The Bench ordered the immediate release of the petitioners upon furnishing personal bonds as directed by the concerned magistrate.
To ensure impartial proceedings and access to legal representation, the court also directed that the case be transferred from Barabanki to the Tis Hazari Courts in New Delhi. This move, it said, was necessary to guarantee a fair trial.
Directions for Safety and Further Action
In addition to granting bail, the court instructed the Director General of Police of Uttar Pradesh to ensure the safety of the petitioners. Authorities were directed to provide protection and escort them to a secure location following their release.
Before concluding the matter, the Bench reiterated its disapproval of the actions attributed to members of the Bar in Barabanki. It also directed that a copy of its order be sent to both the state police chief and the Bar Council of India for further consideration and action.