Supreme Court: In an appeal filed by Rouse Avenue District Bar Association against Delhi High Court order recognising ‘Central Delhi Court Bar Association’ as the bar body for Rouse Avenue Court, the division bench of Abhay S. Oka and Augustine George Masih JJ. issued notice on the appeal returnable in 4 weeks.
The case revolves around the recognition of various Bar Associations within the Rouse Avenue District Court Complex. The dispute arose due to discrepancies in the enrollment process and subsequent recognition of these associations. Specifically, the Rouse Avenue Bar Association, Delhi Rouse Avenue Court Bar Association, and Rouse Avenue District Court Bar Association faced challenges regarding the validity of their membership enrollment procedures, while the Central Delhi Court Bar Association, formed by a resolution of the Bar Council of Delhi, was also under scrutiny for alleged irregularities.
The members or representatives of the Rouse Avenue Bar Association and other related associations sought judicial intervention to challenge the decisions of the Bar Council of Delhi regarding the recognition of these associations. They contested the refusal to grant recognition and the cancellation of recognition for some associations, alleging procedural irregularities in the enrollment process.
The Delhi High Court had held that while the right to form associations is a fundamental right, recognition by legal authorities is a separate matter governed by specific laws and regulations. Associations must meet the prescribed criteria to be recognized, and recognition is not automatic or guaranteed solely by virtue of association formation. Compliance with legal requirements is essential for obtaining recognition and accessing associated benefits under the law.
The Court said that “we are wondering why should the High Court entertain writ for deciding which Bar Association is the real one? Why should High Court entertain such petitions from the members of the bar?”
Source: Press
