The Punjab and Haryana High Court on Tuesday pulled up its own Bar Association for attempting to discipline a lawyer who filed a public interest case on encroachments within the court premises. The division bench, led by Chief Justice Sheel Nagu with Justice Sanjiv Berry, said such steps
"virtually amount to interference in the process of justice" and barred the association from taking action against advocate Prithvi Raj Yadav.
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Yadav had moved the bench after the Bar Association revived disciplinary proceedings against him. He alleged the move was designed to cancel his membership and intimidate him for pursuing the case.
"I’ve been a member since 1999, with no complaint till this PIL. Suddenly, my conduct is called misconduct," Yadav told the judges.
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The Bar Association, represented by senior advocate Rupinder Khosla and secretary Gagandeep Jammu, strongly disagreed. Khosla argued the petition lacked genuine public interest since the Bar itself had constructed and maintained facilities, not the administration.
"Neither the High Court administration nor the UT has done anything. We built what exists," he insisted, even listing the cafeteria and parking as examples.
The bench wasn't convinced.
"Where is the misconduct? Is it even defined in your bylaws?" Chief Justice Nagu asked sharply.
He reminded the Bar that filing a case on public issues cannot be suppressed.
"How can you stop somebody from raising a public cause, which apparently appears to be public?" the bench remarked.
With this, the court restrained the Bar Association from taking any coercive steps against Yadav until the next hearing, fixed for September 19.
