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Vishvjeet and Others v. State of Uttar Pradesh and Another

Writ Petition (Criminal) · 2026 INSC 254Decided 17 Mar 2026
W.P.(Crl.) No.-000109-000109 - 2026
Justice Vikram Nath · Justice Sandeep Mehta

Background

The petitioners were contractual toll-plaza employees in Barabanki, Uttar Pradesh, who got into a scuffle with an advocate who allegedly refused to pay the toll. An FIR was registered against them, and after their arrest and remand to judicial custody, members of the local Bar Association launched violent protests, passing a resolution that no lawyer would represent the accused. When one advocate defied this and filed a bail application for them, a mob of lawyers set fire to his office furniture. Left with over two months in custody and unable to find any lawyer willing to represent them due to this atmosphere of intimidation, the petitioners approached the Supreme Court directly under Article 32 seeking bail and transfer of their case out of the district.

Decision Breakdown

The Supreme Court found the conduct of the Bar Association members to be a shocking case of "custodians of justice" turning into "perpetrators of violence," strongly condemning the hooliganism and lawlessness that intimidated lawyers from representing the accused. Examining the FIR itself, the Court found nothing that would have justified denying the petitioners bail in the first place, and held that keeping them in custody for over two months in these circumstances violated their fundamental right to personal liberty under Article 21. It ordered the petitioners released forthwith on bail on furnishing personal bonds, and, to ensure they could get proper legal representation and a fair trial, transferred the entire criminal proceeding out of Barabanki to the Tis Hazari Courts in New Delhi. The Court also directed the UP Police to ensure the petitioners' safe escort upon release and referred the Bar members' conduct to the Bar Council of India for appropriate disciplinary action.

Lesson Learnt

When local intimidation (including violence against lawyers) effectively denies an accused person access to legal representation and a fair process, the Supreme Court can step in directly under Article 32 to grant bail and transfer the case to a neutral court to protect the fundamental right to liberty and a fair trial.

Official source (sci.gov.in)View Judgment (PDF)

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