Shillong, Oct 8: The Meghalaya High Court has initiated criminal contempt proceedings against office-bearers of the Shillong Bar Association and High Court Bar Association for calling abstention from judicial work demanding removal of Advocate General Amit Kumar.
A division bench of Chief Justice Revati Mohite Dere and Justice Hamarsan Singh Thangkhiew on Thursday registered a suo motu PIL noting that the abstention call through a resolution dated September 30, from October 1 till government removes the AG, has affected judicial work and left litigants unrepresented across the state.
The court noted that only Baghmara Bar Association refused to support the call. “We applaud their decision and their stand in abiding by the law,” the bench observed, adding that joining the call would be contrary to the Supreme Court judgment in Ex-Capt. Harish Uppal v. Union of India (2003) 2 SCC 45.
Citing the constitution bench judgment, the court said, “Lawyers have no right to go on strike or even token strike or to give a call for strike” and “It is the duty of every Advocate who has accepted a brief to attend trial… It is settled law that a lawyer who has accepted a brief cannot refuse to attend Court because a boycott call is given by the Bar Association.”
“Strikes interfere with the administration of justice… Lawyers have also known… that the Advocates would be answerable for the consequences suffered by their clients if the non-appearance was solely on grounds of a strike call,” the order said, quoting the apex court.
The bench held that the abstention “has obstructed administration of justice, the same would constitute criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971.”Calling the reason for abstention unacceptable, the court observed, “A reason completely unacceptable. Courts cannot be used by lawyers to achieve their objective i.e., removal of the Advocate General.”
“Strikes/abstention from work on any count, much less the present reason given, is completely illegal,” the bench said.
Accordingly, notice under Section 15 of Contempt of Courts Act read with Article 215 has been issued to 23 office bearers including High Court Bar President K.S. Kynjing, Shillong Bar President H.R. Nath and others to show cause why action for criminal contempt should not be taken.
All contemnors have been directed to personally remain present on October 13.
The court warned, “If judicial work is not resumed by the Advocates in other districts forthwith, we will be constrained to issue contempt notices even against the President, Secretary and office bearers of the respective District Bar Associations… except the Baghmara Bar Association.”
It has also impleaded the Bar Council of India as a party and directed the Chairman of the Bar Council of Meghalaya to remain present on the next date to inform what disciplinary action has been taken.
The matter will be heard on October 13.
