RAVEENDRANATH NAIK Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) IN this petition, petitioner has prayed for issuing a writ or directions as against the resolutions of the 1st respondent directing the advocates not to participate in any program organised by the Legal service Authorities in any Lok Adalath or any legal aid programs as illegal, void and inoperative and also to issued appropriate order restraining the lst and 2nd respondents from giving effect to the resolution issued at Annexure - A passed by the 1st respondent and the 2nd resolution at Annexure - B dated 24 - 10 - 2002 passed by the 1st respondent and directing the 2nd respondent to follow the same and also quash the resolution at Annexure - C dated 26 - 10 - 2002 and annexure - D dated 29 - 10 - 2002 issued by the 2nd respondent to all the Bar Associations of the State.

(2.) HEARD the Counsel for the petitioner and the Learned advocate General. Learned Counsel for the petitioner in support of his case, has relied upon the following decisions:

(3.) SUCH being the position of law as well as the ratio laid down by the Apex Court, the Bar Council of india being the highest body in so far a advocates and in the matter of disciplinary proceedings and maintenance of discipline, resorts to come out with such a declaration to boycott the Lok Adalaths and other ancillary functions which is part of the legal system and extension of aid through extra judicial methods meant for extending relief to the litigant public at large, such an act of boycott is contrary to the legal position and also the provisions of S. 6 (1) (eee), S. 6 (2) (a) (b) and S. 7 (1) (b)and S. 7 (2) (ab) which reads: s: 6 (1) The functions of a State Bar council shall be (eee) to organise legal aid to the poor in the prescribed manner. (2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of (b) giving legal aid or advice in accordance with the rules made in this behalf; s: 7 (1) The functions of the Bar Council of India shall be - (b) to lay down standards of professional conduct and etiquette for advocates. (2) The Bar Council of India may constitute one or more funds in the prescribed manner for the purpose of - (b) Giving legal aid or advice in accordance with the rules made in this behalf.