Shillong, Oct 1: The High Court of Meghalaya Bar Association (HCBA) has been hit by internal rift over the row involving Advocate General Amit Kumar, with its President disowning the boycott call and unilateral communications made in the association’s name.
In a strongly worded letter to Secretary Kishore Ch Gautam on Thursday, the President expressed “serious dissatisfaction” over a series of unilateral actions.
He said the secretary had on August 17 written to the Supreme Court Bar Association, New Delhi on the AG issue without placing it before the executive committee, without any discussion or deliberation, using language “unbecoming of an office-bearer”.
Press releases and a press conference were also held without prior approval, he alleged.
The flashpoint is a joint meeting of the HCBA and Shillong Bar Association (SBA) called by the secretary on September 30 without written notice to the president or executive members, where a decision was taken to boycott all courts and tribunals in Meghalaya from October 1.
The President termed the decision “highly illegal”, citing Supreme Court judgment in Ex-Capt. Harish Uppal v. Union of India (2003) 2 SCC 45, which holds that lawyers have no right to strike or boycott, and no bar council or association can permit a meeting to consider such a call.
State bar council office-bearers also participated and abstained from court, he noted, without permission from the Chief Justice or District Judge.
The President also objected to banners reading ‘Go Back Amit Kumar’ displayed inside the High Court Bar premises without permission of the executive committee or general body, saying they create an undesirable impression and bring disrepute.
He directed immediate removal of all such banners and restrained any future communication, press release or statement in the association’s name without executive committee approval.
Noting that Amit Kumar had already tendered an apology on August 13, the President said the government has the prerogative to appoint an Advocate General and dissatisfaction cannot give a local bar the right to paralyse court proceedings.
The President appealed to all members to refrain from any rally, strike or boycott and to perform their duty as advocates.
