Md. Khairul Islam And ORS. v. The State Of West Bengal Adn ORS.

06.05.2025 Court No.14 AGM

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 6531 of 2025 Md. Khairul Islam & Ors.

Vs.

State of West Bengal & Ors.

Mr. S. N. Mukherjee.

Mr. Sattik Rout.

Ms. Madhumita Chatterjee.

... for the Petitioners.

Mr. Somnath Ganguly. Sr. Adv Mr. Raja Ram Banerjee.

... for the State.

Mrs. Sabnam De Bardhan.

Mrs. Kakali Naskar.

...For the Bar Council of W.B.

Mr. Probal Mukherjee. Sr. Adv.

Mr. Arup Sarkar.

Ms. Jenifer Alam.

... For the respondent nos. 6 to 12.

1.

The petitioners, twelve in number, are practicing advocates of the District of Malda, Chanchal Sub Division. They allege that the private respondents, who are members of the Chanchal Bar Association, are not permitting them to practice their profession freely.

2.

According to the petitioners, the private respondents are continuously interfering with the professional duties of the petitioners.

3.

From the documents annexed to the writ petition, it appears that the Chanchal Bar Association has

debarred the petitioners from obtaining membership of the Bar Association.

4.

On an earlier occasion, in respect of a similar matter, the Court disposed of the writ petition observing that the advocates who are enrolled with the State Bar Council will not be restrained from performing their legal practice by the members of the Bar Association in any manner whatsoever. 5.

After hearing the submission made on behalf of the petitioners and the Chanchal Bar Association, the Court reiterates the same observation as made in the order dated 28th January, 2025 in WPA 1216 of 2025 (CAN 1 of 2025) in the matter of Md. Aniqul Rahaman -vs- The Bar Council of India & Ors.

6.

The Chanchal Bar Association and the members of the said Bar Association are restrained from interfering with any type of professional activity of the petitioners.

7.

Since the writ petition is being disposed of without calling for any affidavits, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

8.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)