Professional ethicsCab rankSupreme Court of India

A.S. Mohammed Rafi v State of Tamil Nadu

(2011) 1 SCC 688; AIR 2011 SC 30820101 min read
The case in brief30-second read
Facts
After a clash between lawyers and police in Coimbatore, the Coimbatore Bar Association resolved that its members would not defend the policemen involved.
Issue
Whether a Bar Association can resolve that its members will not defend a particular accused.
Held
Such resolutions are "wholly illegal, against all traditions of the bar, and against professional ethics".
Principle
Resolutions of Bar Associations that no member will defend a particular accused are against professional ethics and are null and void.
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Facts

  • After a clash between lawyers and police in Coimbatore, the Coimbatore Bar Association resolved that its members would not defend the policemen involved.

Issue

  1. Whether a Bar Association can resolve that its members will not defend a particular accused.

Held

  • Such resolutions are "wholly illegal, against all traditions of the bar, and against professional ethics".
  • "We declare that all such resolutions of Bar Associations in India are null and void and the right minded lawyers should ignore and defy such resolutions."
  • Every person, however wicked or depraved he may be regarded, has a right to be defended, and it is the duty of the lawyer to defend him.

Ratio decidendi

The right to be defended, rooted in Art. 22(1), and the advocate's duty to accept briefs cannot be overridden by a collective boycott.

Exam use

How to use it in an answer

  • Part A (6 marks): Cite for: Bar resolutions not to defend an accused are null and void.
  • Part B (16 marks): Use in answers on BCI Rule 11 (bound to accept briefs) and on Bar-Bench or Bar-public relations.
  • Key line for exam: "All such resolutions of Bar Associations in India are null and void."

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Citation

A.S. Mohammed Rafi v State of Tamil Nadu (2011) 1 SCC 688; AIR 2011 SC 308

Reported: https://indiankanoon.org/doc/153132263/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.