A view of the Madhya Pradesh High Court.
| Photo Credit: File picture
Amid a State-wide strike by lawyers, protesting towards an administrative resolution of the High Court of Madhya Pradesh, a Bench comprising the Chief Justice on Friday ordered all lawyers to return to court docket forthwith, and warned lawyers who proceed to protest with contempt motion and even debarment.
The advocates had determined to abstain from court docket work for 3 days ranging from Thursday, in protest towards the ‘25 Debt Scheme’ launched by the High Court in October 2021, which mandated district courts to establish and eliminate 25 of the oldest circumstances of their respective courts inside three months.
Taking up the difficulty as a suo motu Public Interest Litigation, the Bench of Chief Justice Ravi Malimath and Justice Vishal Mishra ordered all advocates to return to court docket instantly, including that advocates who disobey the order and people who encourage others to disobey it would face contempt proceedings for doing so.
The court docket additionally directed in its Friday order, “Each of the judicial officers are directed to submit a report as to which lawyer has deliberately abstained from attending the court; the judicial officers shall also mention the names of advocates who have prevented other advocates from entering the court premises or from conducting their cases in the court…”
The High Court went on to say that such lawyers as recognized by judicial officers, may be liable to face contempt proceedings “as well as being debarred from practice”.
Calling the protest name issued by the chairman of the State Bar Council of Madhya Pradesh (SBCMP) “not acceptable”, the court docket mentioned “it is illegal”. The court docket mentioned the chairman had violated orders of the Supreme Court by issuing a protest name and that he has “shown scant respect and disobeyed the directions issued by the Bar Council of India”.
The court docket mentioned, “All actions of the lawyers should be focused only towards the litigants and not against them. The litigant has sadly and unfortunately become a silent, helpless sufferer to the actions of the respondent No.1 (Chairman of State Bar Council).”
Before parting with its order, the court docket dominated, “We are of the considered view that the litigants are the ones who suffer. Their cause in the court is not being considered in view of the absence of the counsels. The litigants have suffered because of this. Today is the second day, the lawyers are abstaining from attending the court. The entire judicial system is intended only for the benefit of the litigants. Everyone in the system is geared to deal with the grievances of the litigants. If advocates themselves abstain from work due to the call given by the respondent No.1, it is indeed a very sad day for the State of Madhya Pradesh.”
The court docket added, “We are extremely shocked, worried and pained about the manner in which things have unfolded… a reply has been furnished asking the Chairman and the Bar Council Members to submit the issues for consideration by the Hon’ble Chief Justice. They have not done so even as on date. Rather than doing so, a call for abstaining from court work has been announced.”
“ Dharmo Rakshati Rakshitah when translated into English means that those who protect Dharma will be protected by Dharma or in other words, it also means that those who destroy Dharma, Dharma destroys them,” the court docket mentioned.
State Bar Council chief undeterred
After the order was issued on Friday, Prem Singh Bhadouria, the chairman of SBCMP, issued a video assertion, calling it “his address to lawyers of the State”. He mentioned, “The strike has continued for two days successfully. This is my message to all lawyers that you do not need to be afraid of any contempt proceedings or be intimidated by any threats from any court.”
Mr. Bhadouria added that he was prepared to be the primary to go to jail for contempt and urged all lawyers to proceed the protest for the third day (Saturday). He mentioned he was taking the duty for placing lawyers and that he would stand with them in something that follows.
