Recently, the Delhi High Court held that Bar Associations do not perform public functions and cannot be considered the State or an instrumentality of the State under Article 12 of the Constitution.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia observed that Bar Associations mainly work to protect the interests of individual lawyers, and their role does not amount to the discharge of public duties.

The Court dismissed a lawyer’s appeal challenging a single judge’s order that had rejected her plea seeking directions to the Bar Council of Delhi to take action against certain advocates who were allegedly involved in trespassing into her chamber.

Upholding the single judge’s order, the Bench held that since Bar Associations do not perform public functions, no writ of mandamus can be issued against them under Article 226 of the Constitution.

The Court added that while the alleged acts of the advocates may attract criminal liability, the single judge had rightly noted that the woman lawyer was free to take appropriate steps under criminal law to set the criminal justice process in motion.

The Court further noted that one of the statutory duties of the Bar Council is to take appropriate disciplinary action in cases of alleged professional misconduct by advocates. Therefore, it held that the woman lawyer should have approached the Bar Council directly instead of filing a writ petition seeking a mandamus directing the Bar Council to act.

The Bench clarified that despite the dismissal of the appeal, the appellant is not left without remedies. It observed that she is free to initiate appropriate civil or criminal proceedings, as permitted under law, before a competent court or by approaching the concerned authority, including the Bar Council of Delhi.

Counsel for the Appellant:
Mr. Shishir Pinaki, Mr. Rakesh Singh, and Mr. Shavnam Singh, Advocates, with the petitioner appearing in person.

Counsel for the Respondents:
Mr. Ashish Garg and Mr. Govind Singh, Advocates.

Case Title: Sangita Rai v. New Delhi Bar Association & Ors.