Bar Associations Can’t Punish Lawyers Who Appear In Court Despite Boycott Call By Bar Body: Tripura HC
In a most significant move pertaining directly to lawyers, the Tripura High Court at Agartala in a most learned, laudable, landmark, logical and latest judgment titled Sampad Choudhary vs State of Tripura & Ors in IA No. 01 of 2026 in WP(C) No. 305 of 2026 that was pronounced just recently on May 11, 2026 has minced absolutely just no words to hold in no uncertain terms that bar associations cannot penalize a lawyer for appearing in court despite a boycott call by the bar body. It must be noted that the Single Judge Bench comprising of Hon’ble Mr Justice T Amarnath Goud made this explicit observation sending a very loud and clear message while granting interim relief to a junior advocate practicing in West Tripura who faced suspension and disciplinary action from Tripura Bar Association for discharging his professional duties. What also has to be taken into account is that the Tripura High Court noted that the concerned lawyer was suspended for appearing before the District Consumer Disputes Redressal Commission at Agartala in defiance of a boycott resolution.
For the uninitiated, the petitioner who was a junior advocate and a member of the Tripura Bar Association had approached the Tripura High Court challenging a show cause notice that had been issued on February 7 and the consequential suspension after he chose to appear before the consumer forum in line with his professional obligations. He argued vehemently that his duty towards his client could not be curtailed by a collective decision of the Bar Association. He relied on the Supreme Court’s landmark ruling delivered in Ex Capt. Harish Uppal v Union of India. It also has to be taken into account that even the Bar Council of Tripura also had granted a stay on the proceedings that had been initiated against him.
At the very outset, this brief, brilliant, bold and balanced judgment authored by the Single Judge Bench comprising of Hon’ble Mr Justice T Amarnath Goud of Tripura High Court at Agartala sets the ball in motion by first and foremost putting forth in para 1 that, “This Interlocutory application has been filed along with the Writ Petition No. 305 of 2026 under Article 226 of the Constitution of India read with Chapter VIII Rule A (3)(g) of the High Court of Tripura Rules, 2023 seeking the following reliefs:-
“i. Pass an ad interim Order staying the operation of Show cause notice dated 07.02.2026 (Ref No. F3/MISC/ TBA/2026/05) issued by Respondent No.3 and the consequential suspension order against the Petitioner, till disposal of the connected Writ Petition.
ii. Call for records.
iii. Pass any further order/orders as this Hon’ble High Court considered fit and proper.”.”
To put things in perspective, the Bench envisages in para 2 while elaborating on the facts of this leading case stating that, “It is the case of the applicant that he is a junior advocate practicing at District Bar Association of Tripura, West Tripura District. The Office bearers of the said Bar Association has passed a resolution on 19.01.2026 for boycotting the appearance in the Courts more particularly in the Court of President, District Consumer Disputes Redressal Commission, Agartala. The applicant feeling responsibility towards his client and being a young lawyer have chosen to represent the matter before the Learned District Consumer Disputes Redressal Commission, Agartala on 06.02.2026.”
As it turned out, the Bench then enunciates in para 3 that, “The Office bearers of the Bar Association becomes furious against the action of the petitioner herein, in attending the Court and thereafter on 07.02.2026 a Show cause Notice has been issued against the applicant wherein it has been stated that the applicant being a member of this Bar Association have willfully gone against the resolution of the General Body meeting held on 19.01.2026 and appeared before the learned District Consumer Disputes Redressal Commission, Agartala on 06.02.2026 to which the applicant has filed an explanation to the Secretary, Tripura Bar Association and he has further represented the matter before the Chairman, Bar Counsel of Tripura and Bar Council of Tripura has granted stay until further orders(s) by its letter dated 18.02.2026.”
Be it noted, the Bench notes in para 4 that, “In the present writ petition the applicant has challenged the impugned notice and by filing this instant application has sought for interim order for staying of the proceedings against him. The main grievance of the applicant is that no lawyer can be prevented/restrained by any person in performing his duties as per the Advocates Act and obligation under Vakalatnama. The duty of a lawyer towards his/her client is paramount and the manner in which the Bar Association has acted against the applicant is uncalled for and places reliance on Ex Capt. Harish Uppal v. Union of India (2003) 2 SCC 45 of Hon’ble Supreme Court and prayed to interfere with the action of the respondents Bar Association.”
It is also worth noting that the Bench notes in para 5 that, “On a fair reading of the notice and on perusal of the pleadings, it is evident from the record that admittedly, the applicant has appeared before the District Consumer Redressal Commission on 06.02.2026 and on which date there was a resolution in force of Bar Association to boycott the Court and in restraining all advocates in attending/appearing before the State Forum for whatever the reasons. Since, the applicant has represented the matter before the District Consumer Redressal Commission against the resolution of the Bar Association, they have issued a notice to which the applicant has submitted his explanation and further move before the Bar Council and also obtained stay order, though the applicant has got the relief of staying the resolution of the Bar Association by Bar Council of the State of Tripura, the Office bearers of Bar Association again wrote a letter to the Chairman, Bar Council of Tripura citing that Bar Council of Tripura has no jurisdiction to issue any order overriding the Tripura Bar Association’s decision.”
It would be worthwhile to note that the Bench then also notes in para 6 that, “This Court having concerned to the majesty of the legal profession and concerned towards its fraternity and in light of the similar decision of the Hon’ble Supreme Court of India wherein it has been held that lawyers have no right to go on strike or boycott courts and such actions are wholly unjustified and impermissible in law. In some other matter, Hon’ble Supreme Court has come down heavily in initiating contempt proceedings against the office bearers of the Bar Association wherein the lawyers are injuncted on the name of boycotting in appearing before the Court.”
Quite forthrightly, the Bench points out in para 7 that, “Considering the stand taken by the Hon’ble Supreme Court of India , this Court has also felt like it is an occasion where the High Court judiciary has raised the occasion in the State of Tripura to protect the majesty and dignity of the legal fraternity and thus, this Court is of the opinion that the manner in which the Office bearers of the Bar Association have initiated action against the applicant in issuing a show Cause Notice is irrelevant, extraneous and also arbitrary.”
Most forthrightly and so also most significantly, the Bench then also underscores and postulates in para 8 what constitutes the cornerstone of this landmark judgment holding precisely that, “In the present context, the action of the Office bearers of the Bar Association is totally contrary to law and such action of the Office bearers of the Bar Association cannot be appreciated and thus, it needs to be corrected. No Bar Council or Bar Association’s Rules and Regulations or its bye laws demands for boycotting of Courts. In any event, if a lawyer is attending the Court there is no rule under law empowers the respondents to initiate action against the lawyer who is performing his lawful duties before the Court of law/forum in order to fulfill his obligatory duties under Advocates Acts and Vakalatnama towards his client.”
As a corollary and most rationally, the Bench then directs and holds in para 9 that, “For the reasons stated above, this Court feels that the applicant is entitled for an interim relief at this stage and thus, the action of the Bar Association in its resolution dated 19.01.2026 is stayed. Consequently, the applicant is permitted to appear in all Courts without any reference to the said resolution of the Bar Association as the same is now inoperative.”
In addition, the Bench then directs and holds in para 10 that, “Accordingly, there shall be an interim stay until further order(s).”
What’s more, the Bench then further also directs and holds in para 11 that, “Accordingly, there shall be an interim stay until further order(s).”
Finally, the Bench then concludes by directing and holding in para 12 that, “List this Interlocutory Application along with the WP(C) No. 305 of 2026.”
In sum, we thus see that the Tripura High Court has made it indubitably clear in this notable judgment that bar association cannot penalize lawyers for attending court despite boycott calls. It was also underscored by the Agartala High Court that a lawyer’s primary responsibility to clients cannot be curtailed by strike or boycott calls. We thus see that the applicant who is a young advocate gets interim relief and action of Bar Association against him stayed. Very rightly so!
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