The Meghalaya High Court has issued contempt of court notice to the officer bearers of Shillong Bar Association and the High Court of Meghalaya Bar Association for calling for suspension of judicial work to demand the removal of Advocate General Amit Kumar.
The Bar bodies have been seeing Kumar's removal on account of his statement in a case that the bar has failed to protect the women lawyers in the State.
Taking objection to the same, the bar bodies asked lawyers to abstain from judicial work from October 1 till the State accedes to their demand for Kumar's removal.
A bench of Chief Justice Revati Mohite Dere and Justice HS Thangkhiew on October 1 initiated a suo motu public interest litigation (PIL), taking judicial cognizance of the ongoing strike of lawyers in the High Court and all districts except Baghmara district.
It noted that the law is settled that lawyers have no right to go on strike or even token strike or to give a call for strike. Thus, the Court opined that the strike called by the bar bodies amounts to obstruction of administration of justice.
"Considering that the call for abstention given by the Shillong Bar Association and the High Court of Meghalaya Bar Association has obstructed administration of justice, the same would constitute criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971," it said.
Therefore, the Court asked the office-bearers, including the executive members of the Shillong Bar Association and the High Court of Meghalaya Bar Association to show cause why action for criminal contempt should not be initiated against them for having given a call for abstention from judicial work in all courts in Meghalaya.
The matter will be heard on October 13.
"All contemnors to personally remain present on the next date. Contempt notices be served through the Registrar General, High Court of Meghalaya to enable the contemnors to appear before this Court," the Court directed.
The Court said if judicial work is not resumed by the advocates in other districts, it will be constrained to issue contempt notices even against the President, Secretary and office bearers of the district bar associations.
The Court also issued a notice to the Bar Council of Meghalaya and the Bar Council of India considering that it is their responsibility to take disciplinary action against the lawyers for abstaining from work.
"We expect the Chairman of the Bar Council of Meghalaya to personally remain present in Court on the next date, so as to inform this Court of the action taken by the Bar Council of Meghalaya against the protesting lawyers, who have called for abstention from judicial work," the Court directed.
Additional Advocate General ND Chullai, Senior Government Advocate AS Dey and Government Advocate S Laloo appeared for the State.
[Read Order]