Case No: Writ Petition No. 7295 of 2023
Case Title: In Reference (Suo Moto) v. The Chairman and Others
CORAM: RAVI MALIMATH (CHIEF JUSTICE), VISHAL MISHRA(Judge)
Order dated: 02-11-2023
Introduction
The High Court of Madhya Pradesh has dripped 2624 contempt cases and 1938 show cause notices issued against advocates in suo motu contempt proceedings initiated against individual lawyers in March 2023 for nonappearing in court and protesting against a scheme rolled out for swift disposal of 25 pending cases every quarter in all districts in the state.
Facts of the case
Chairman of the Madhya Pradesh State Bar Council submits that he may be granted leave to withdraw the counter affidavit filed by him on his behalf and also on behalf of the respondent he submits that he tenders his apology and submits that in his best judgment, the mode adopted by him in calling for the strike was justified. Therefore, he submits that he being the Chairman of the State Bar Council was under a duty to deal with the situation and therefore, the call for the strike was imminent. Notwithstanding his plea regarding the main petition, he submits that so far as the instant affidavits filed by the President of Madhya Pradesh High Court Bar Association, Jabalpur, and President of High Court Advocates Bar Association.
A note has been prepared by the Registry indicating 2624 contempt petitions was registered against the advocates vide Annexure-A. That 1938 show cause notices were issued to the advocates in terms of That a list of 176 criminal contempt cases have been registered against the office bearers of the Bar Associations and Bar Council in terms of Presently, we are concerned with the applications and affidavits that have been filed by the High Court Bar Association, Jabalpur and the High Court Advocates’ Bar Association, Jabalpur The consideration of these petitions concerning the Chairman and Members of the State Bar Council and the President of the various Bar Associations will be made at a later stage.
In the affidavit filed by the High Court Bar Association, Jabalpur it is stated that as the State Bar Council of Madhya Pradesh is the governing body, all the advocates are bound to follow the directions so issued by the Bar Council. Specific directions were issued by the Chairman directing them to abstain from court work. Under these circumstances, they were compelled to abstain from court work. Furthermore, in case the advocates did not follow the directions of the State Bar Council, they would run the risk of losing certain benefits provided under the welfare schemes of the State Bar Council. This would directly affect their livelihood. It is further stated that they had no intention at all to disobey any judicial order. It is only for the aforesaid reason that they were compelled to abstain from court work. Therefore, as a President of the High Court Bar Association, Jabalpur an unconditional apology has been furnished. The President of the High Court Bar Association is willing to take full responsibility in case this Court were to conclude that a contempt has been committed. Therefore, it is pleaded that the proceedings for contempt against the individual lawyers be dropped.
. The statements made by the deponents in the affidavits about their accepting the guilt of disobeying the court order would be considered at a later stage. Therefore, for the present, because of our finding that there is no deliberate disobedience by the individual lawyers, we deem it just and necessary to drop the proceedings against the individual lawyers
Analysis of the Court
The Registry is directed to retain a copy of this order in each file. The contempt petitions disposed of by this order be consigned to the record of the concerned Benches. The main matters to be dealt with on merits before the concerned Benches as per roster.
Call after four weeks to hear on criminal contempt proceedings
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Written By
Kaulav roy chowdhury
