SC declines plea challenging SCBA resolution supporting Wangchuk hunger strike
The court said any grievance against the resolution can be best addressed through the democratic process under the association’s rules
The Supreme Court has declined to accept a challenge to an Executive Committee resolution by the Supreme Court Bar Association (SCBA) that voiced support for activist Sonam Wangchuk's hunger strike against leaked examination papers. The court ruled that the resolution is part of the association's internal workings and any grievances should be addressed through its democratic processes outlined in the rules.
Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana emphasized not to use the word "we" as the petitioner does not represent the entire bar. The bench noted that the petitioner, Ashish Gopal Garg, objected to the resolution on the grounds that individual opinions cannot be forced on the entire bar. The court stated that if they do not hold a general body meeting to resolve the issue, they would be open to considering Garg's request for a meeting.
The court clarified the distinction between an undemocratic and illegal decision and warned against interfering in the association's democratic process.
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