Chhatisgarh district bar disbars tribal rights NGO from local courts because founders enrolled in Delhi

Wednesday, 7 October 2015 By Harleen Kaur Bar, Bench & Litigation

A Chhatisgarh district bar association has debarred lawyers enrolled “outside” from practicing in Jagdalpur courts, reported Bhaskar.

The Bastar district bar Association in Chhatisgarh’s Jagdalpur town allegedly passed a resolution to debar the lawyers, in its general body meeting, but a copy of this resolution was not provided to tribal rights NGO JagLAG (Jagdalpur Legal Aid Group) when it asked for it through written requests, added the report.

JagLAG represents Jagdalpur region tribals in defending false criminal charges. The lawyers of the NGO, who are registered with the Bar Council of Delhi and practice in multiple jurisdictions, have alleged harassment at the hands of the local police and the Bastar bar.

The NGO was founded in 2013 by Delhi University law alumni Isha Khandelwal and Shalini Gera and TISC Mumbai post graduates Parijata Bharadwaj and Rupesh Kumar. It is supported by senior lawyers sponsoring monthly fellowships and offering free counsel to its clients, reported Mint.

The founders fear that although they are currently fighting harassment and repeatedly producing their enrolment documents before the local police and the bar, they wouldn’t be able to afford the costs involved in fighting other bar associations if they decide to follow the Bastar bar’s stance, added Mint.

JagLAG (Jagdalpur Legal Aid Group)

Comments

seriously! 7 Oct 2015, 12:34
+1 -0
India is becoming a banana republic! Has the Chattisgarh district bar even read the Advocates Act?
YAY 7 Oct 2015, 12:38
+2 -0
Wow! The resolution did not bar tribal rights lawyers (as they love to get called). They have barred non-Jagdalpur bar lawyers in general. Most of the local bars have such laws including places like Gurgaon.

Interpret news which brings you into news?
Fahad 8 Oct 2015, 09:35
+0 -0
With the notification of Section 30 of the Advocates Act, since 2011 an advocate can practice in any jurisdiction in India. The resolution by the concerned Bar is in violation of the Statutory provision and needs to be corrected
RJ 8 Oct 2015, 11:17
+0 -0
Subject to local High Court Rules on mode of appearance by advocate not on the Roll of Advocates maintained by the Bar Council of State, there is no illegality in the resolutions passed. Notwithstanding enforcement of section 30 of the Advocates Act with effect from 2011, an advocate has no absolute right to have appearance in any court and such right must be subject to compliance of other laws laid down by the High Court in exercise of power under section 34 of the Advocates Act and Section 122 of the Code of Civil Procedure.

The right to practice is the genus of which the right to appear and conduct cases in the Court may be a specie. The right to appear and conduct cases in the Court is a matter on which the Court does have major supervisory an controlling power.
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