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This decision by the Allahabad High Court is illegal, against the principles of professional advocacy, and the notion of Articles 14, 21 and 22(1) of the Indian Constitution. To transfer a criminal matter pending in the Civil Judge (J.D.)/Judicial Magistrate's Court, Utraula, District Balrampur, to the Sessions Division District Bahraich, Ambedkar Nagar, or Ayodhya. There are three brothers and a father of opposite party no.2 who is practising law in the outlying courts of Utraula and Balrampur. Significantly, it was stated that the Advocates of Bar Association Utraula had approved two resolutions (since withdrawn) stating that no Advocate shall appear or pursue any criminal proceedings against members of that bar or their families. On the basis that close relatives of opposite party no.2 are practising attorneys at the Civil Judge (J.D)/Judicial Magistrate, Utraula, the matter should be transferred to the other districts. On June 29, the Court ordered the District and Sessions Judge, Balrampur, to submit a report on the two resolutions in dispute made by the Bar Association, Utraula.
On April 6, 2016, and September 11, 2018, the Bar Association, Utraula passed resolutions to that effect, however, both were subsequently revoked at the Bar Association's general body meeting on November 2, 2018. In the statement, the then-President of the Bar Association apologised for approving such resolutions. With regard to these retracted or cancelled resolutions, the High Court noted that earlier two resolutions made by the Bar Association, Utraula had resolved that no member of the Bar Association, Utraula will do pairvi in any criminal matter against an Advocate or his family members. Thus, the Court found no damage in transferring the case to the court of Chief Judicial Magistrate, Balrampur, who is the senior-most Magistrate in the District Judgeship. The Court further noted that neither party will be harmed as both parties to the dispute reside in Utraula, around 50 kilometres from Balrampur. As a result, the criminal matter was transferred to the court of Chief Judicial Magistrate, Balrampur. No soft adjournment to either party in accordance with the law has been ordered by CJM Balrampur.
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