The Supreme Court on Monday took strong note of a resolution passed by a district bar association in Rajasthan restraining lawyers from defending the accused in cases under a legal aid scheme of NALSA, saying it is ”sheer criminal contempt” and warning it will send those responsible to jail.
Seeking the personal appearance of the leaders of the Bharatpur district bar association in Rajasthan, the top court ordered the impugned resolution, restraining lawyers from getting empanelled as volunteers under the Legal Aid Defence System of the National Legal Services Authority (NALSA), be taken back.
”This is sheer criminal contempt. We will send all these people to jail. You must withdraw the resolution,” a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and J B Pardiwala said.
”Bar associations passing a resolution that lawyers will not represent an accused is nothing but criminal contempt. The bar associations cannot pass such resolutions. How can you (bar body) say that no one should appear in defence of an accused. This is nothing but criminal contempt,” the bench said.
The bench was hearing a plea seeking initiation of contempt proceedings against the bar body and its office bearers for obstructing the work of legal aid defence counsel appointed by the District Legal Services Authority under the NALSA scheme to provide legal representation to poor persons facing criminal prosecution.
Some of the lawyers, who have been appointed as public defenders under the scheme, have moved the top court alleging that they have been suspended by the bar for not following their decision.
The bar association unanimously passed a resolution in 2022 restraining its member lawyers from taking up assignments under the scheme and warning them that they will have to resign from its membership if they take up any work under the scheme.
"We direct the Bar Association Committee of Bharatpur to file a counter affidavit explaining whether the resolution has been withdrawn. The office-bearers shall remain personally present. Let the contemnor be also present," it ordered.
Earlier, the top court had stayed the decision of the bar body to suspend the lawyers who had taken up assignments under the NALSA scheme.
The bar body and its members had been protesting against the Legal Aid Defence Counsel Scheme of NALSA.
Under the newly-launched NALSA scheme, lawyers are engaged on full-time basis to provide services to poor litigants facing criminal prosecution and the remuneration is paid by the legal services authorities.
