The Supreme Court granted bail to toll plaza workers accused of assaulting a lawyer in Uttar Pradesh in a significant decision that struck a balance between individual freedom and the dignity of the legal profession.
At the same time, the court strongly condemned Bar members for using violence and impeding legal representation. Citing a breakdown in the State’s fair trial conditions, the Court further ordered the criminal proceedings to be transferred to Delhi.
The aforesaid order was passed by Division Bench of Justice Vikram Nath and Justice Sandeep Mehta while hearing the writ petition filed by Vishvjeet and Others.
The petitioners, who are contractual employees of M/s. Skylark Infra Engineering Pvt. Ltd., and are permanent residents of State of Madhya Pradesh.
They were posted for toll collection duty at the Gotona Bara Toll Plaza in Barabanki area. On the alleged date i.e January 14, 2026, a conflict occurred as a result of an advocate refusing to pay toll charges.
The confrontation intensified into a physical altercation, resulting in the filing of an FIR at Police Station Haidergarh, Barabanki under multiple sections of the Bharatiya Nyaya Sanhita, 2023.
The Counsel for the petitioners submitted that at the time of the arrest grounds of arrest were not communicated to them.
Following the incident, members of the local Bar Association reportedly initiated protests. Further, Bar Council of Uttar Pradesh joined the protest and requesting the Government for invocating the provisions of National Security Act against the petitioners.
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Matters took a serious turn when a resolution was circulated within the local Bar discouraging any advocate from representing the accused.
Notwithstanding this, one counsel advanced to submit a bail application for the petitioners, purportedly inciting violent reprisal by members of the Bar, involving acts of arson and the vandalism of his office premises.
The petitioners invoked Article 32 of the Constitution, alleging a deprivation of legal counsel resulting from a climate of fear and intimidation. Furthermore, they argued that their arrest and subsequent remand were conducted in violation of essential procedural safeguards.
To safeguard their right to a fair trial and effective legal representation, the Bench ordered the transfer of the case from Barabanki to the Tis Hazari Court, Delhi.
The Court ruled that,
“The legal profession, which was once regarded as a noble profession, has clearly been tainted and tarnished by acts of hooliganism……..such deplorable conduct deserves to be deprecated. The disciplinary body, i.e., the Bar Council of India is expected to take appropriate steps in this regard.”
The Court further held that,
“……..the denial of bail to the petitioners and the curtailment of their liberty for a period exceeding two months is absolutely unjustified and violative of the Fundamental Right of Liberty guaranteed under Article 21 of the
Constitution of India warranting exercise of the extraordinary writ jurisdiction……”
Additionally, the Court underscored the duty of regulatory bodies, including the Bar Council of India, to take disciplinary action against members of the Bar indulged in hooliganism by damaging the furniture etc. of the petitioner’s Advocate.
Accordingly, the Bench allowed the writ petition and directed the Director General of Police, Uttar Pradesh, to ensure the safety and security of the petitioners upon their release.
Case: Vishvjeet And Others vs State of Uttar Pradesh And Another
Case No: Writ Petition (Criminal) No. (S). 109 OF 2026
Date of Order: 17.03.2026
Status: Allowed
