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In a recent case of Deepak Kalra vs. State of Madhya Pradesh, the Jabalpur District Bar Association had prohibited any Advocate from representing Deepak Kalra (petitioner hereafter). The petitioner and his estranged wife had been contesting various cases. During the hearing of one such case, the Petitioner was falsely accused of having slapped his wife’s counsel. This led to him being beaten up at the court premises and taken to the police station later.
He was later informed by his counsel about the instructions of the Jabalpur District Bar Association on the prohibition, and that the latter will not represent him any longer. This made the man to move to the apex court and file a petition against the Jabalpur District Bar Association. The Supreme Court has issued a notice to State of Madhya Pradesh and Bar Council of India regarding the same. The petitioner seeks to know the powers of the lawyer’s body, through which it has passed such instructions. The petition also seeks framing of guidelines against the interference by the body in an individual advocates’ discharge of duty.
Advocate Elizah Barr, appearing for the petitioner has argued that right to free and fair trial is a fundamental right, and right to an attorney is its integral part. The instruction by the Bar is a violation of the fundamental right. Also, that issuing such an instruction is beyond its powers and ethics.
The apex court has issued a notice for hearing of the case.
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