New Delhi, March 18 (IANS) The Supreme Court has strongly condemned acts of violence by members of the Bar in Uttar Pradesh's Barabanki district and ordered the immediate release on bail of toll plaza employees who had approached the apex court alleging denial of legal representation and threats from local lawyers.

A Bench of Justices Vikram Nath and Sandeep Mehta, while allowing a writ petition filed under Article 32 of the Constitution, observed that the "custodians of justice" had themselves turned perpetrators of violence, creating an atmosphere of fear that deprived the accused of effective legal representation.

"The custodians of justice (Members of the District Bar Association, Barabanki) have turned into perpetrators of violence, which has led the petitioners to knock the doors of this court to protect their Fundamental Rights," the Justice Vikram Nath-led Bench said.

The petitioners, contractual employees of M/s Skylark Infra Engineering Pvt. Ltd. and posted on toll collection duty at the Gotona Bara Toll Plaza on the Lucknow–Sultanpur highway in Barabanki district, have been in custody for over two months following a scuffle with an advocate over payment of toll charges.

According to the FIR, an advocate allegedly refused to pay toll charges on January 14, leading to a verbal altercation that escalated into a scuffle between the complainant and toll staff.

A criminal case was subsequently registered against the employees at Police Station Haidergarh under provisions of the Bharatiya Nyaya Sanhita (BNS). The employees contended that they were arrested without being informed of the grounds of arrest and were sent to judicial custody on January 16. They further alleged that members of the local bar association began violent protests following the incident.

The Supreme Court noted that a resolution was circulated within the local bar calling upon lawyers not to represent the accused.

When one advocate filed a bail application on their behalf, members of the Bar allegedly resorted to arson and vandalised his office furniture.

Describing the episode as deeply disturbing, the bench said: "The legal profession, which was once regarded as a noble profession, has clearly been tainted and tarnished by the acts of hooliganism perpetrated pursuant to the fracas which took place at the toll plaza."

It added that while a sense of fraternity among lawyers is understandable, it "by no means can justify the acts of violence and lawlessness which ensued when a brave lawyer came forward to defend the accused".

"These deplorable acts of hooliganism deserve to be deprecated. The disciplinary body, i.e., the Bar Council of India, is expected to take appropriate steps in this regard," the apex court said.

Noting that the petitioners had remained in custody for over two months, the apex court held that the denial of bail in the circumstances was unjustified and violative of their fundamental right to personal liberty under Article 21 of the Constitution.

"A bare perusal of the FIR is sufficient to satisfy us that it was not a case wherein the accused-petitioners could have been denied bail," it observed.

The Supreme Court directed that the petitioners be released on bail upon furnishing personal bonds to the satisfaction of the magistrate concerned.

To ensure fair trial and proper legal representation, the apex court also ordered that the criminal proceedings arising out of the FIR be transferred from Barabanki to the Tis Hazari Courts in Delhi.

In order to ensure that the accused get proper legal representation and a fair trial, we direct that the proceedings arising out of the FIR No.15/2026 shall stand transferred to the Tis Hazari Courts, New Delhi, for all further actions," the order said.

The top court further directed the Director General of Police (DGP) of Uttar Pradesh to ensure the safety and security of the petitioners and to escort them to a safe location upon their release.

Before parting with the case, the Justice Vikram Nath-led Bench again condemned the conduct of the lawyers involved in the incident, observing that members of the Bar in Barabanki had indulged in hooliganism by damaging the furniture of the advocate who had filed the bail application for the accused. The apex court also directed that a copy of its order be forwarded to the Uttar Pradesh DGP and the Bar Council of India for appropriate action.

--IANS

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