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Case Overview

Case Name: Vishvjeet & Others v. State of Uttar Pradesh & Another

The Supreme Court of India through a bench of Justice Vikram Nath & Justice Sandeep Mehta heard a writ petition under Article 32 of Constitution filed by toll plaza employees arrested after a January 2026 scuffle in Barabanki. The case raised serious concerns regarding denial of legal representation & intimidation within the legal fraternity. It also showcases how lawyers’ collective actions can obstruct access to justice. The Court took strong note of the attack on an advocate who chose to represent the accused of the case.

Key Aspects

The case revolves around a violent altercation at a toll plaza & subsequent actions by local lawyers. It exposes issues of professional misconduct, denial of fair representation & abuse of collective power by a Bar Association. The incident raises constitutional concerns regarding access to justice & personal liberty. The Court examined both factual circumstances & the broader implications on the justice system.

• Dispute arose over alleged refusal to pay toll at Barabanki toll plaza .
• FIR registered against employees under Bharatiya Nagarik Suraksha Sanhita, 2023 .
• Bar Association resolved not to represent accused persons.
• Advocate Manoj Shukla’s office vandalised for filing bail plea.
• Petitioners approached the Supreme Court of India due to denial of legal remedies.

Legal Insights

This case showcases constitutional protections & professional obligations within the legal system. The Court emphasized that denial of representation & acts of violence strike at the core of justice delivery. It also reiterated the duty of advocates to uphold rule of law. Several legal provisions were examined in the context.

• Article 21 of Constitution of India – Protects personal liberty; prolonged custody held unjustified.
• Article 32 of Constitution of India – Ensures right to constitutional remedies; directly invoked before Supreme Court of India
• Right to Fair Trial (Article 21 jurisprudence) – Includes access to legal representation .
• Advocates Act, 1961 (Sections 35 & 36) – Empowers Bar Council of India to take disciplinary action.
• Bharatiya Nagarik Suraksha Sanhita, 2023 – Governs arrest & procedural aspects in criminal cases.

Court’s Verdict

The Supreme Court of India condemned the hooliganism by lawyers by stating the profession has been “tainted.” It granted bail to the petitioners holding the detention violative of Article 21 of Constitution . The Court transferred the case to Tis Hazari Courts, Delhi, to ensure a fair trial & directed police protection for the accused. It also urged the Bar Council of India to take strict disciplinary action reinforcing that violence & intimidation have no place in the legal profession.

Source-Supreme Court of India

Read also-Bharatiya Nagarik Suraksha Sanhita, 2023

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