Orissa Lawyers' Boycott: Supreme Court asks Bar Councils to take action against lawyers preventing smooth functioning of work

The Supreme Court recently directed the Bar Council of India and the Bar Council of Odisha to take action against those lawyers who are abstaining from work in various district courts in the state.

. The Bench of Justices Sanjay Kishan Kaul and KM Joseph directed the BCI and the State Bar Council to place on record what action the bodies have taken against the errant lawyers within two weeks.

. The Apex Court took note of the submission made on behalf of the Orissa High Court that certain lawyers were abstaining from work on specific days of the month. There were instances where only bail or injunction matters were being taken up on account of unavailability of the lawyers, the Court was told.

Terming this an "unacceptable situation", the Supreme Court has stated that the same cannot be allowed to continue and that the trial of cases on the civil and criminal sides must go on. Abstinence from work in a manner such as this is a breach of duties on the part of the advocates, the Court opined.

. "We are of the view that such selective working is clearly in breach of the duties of an advocate as also breach of directions of this Court and thus we expect the State Bar Council and the Bar Council of India to take appropriate action." Supreme Court . Placing the on the Bar Councils, the Court has said that the lawyers responsible for a situation like this need to be identified and stern action against them needs to be taken.

The Court, in fact, granted liberty to the Registrar of the Orissa High Court to prepare a list of striking lawyers to the Bar Council for the body to take action against them.

. The Court also directed the Registrar of the High Court to implement the Court's order of December 6 of last year, wherein the Court had directed for alternative district courts to be granted jurisdiction to hear cases. This direction had come in light of the fact that there remained certain distrcits in the State where practically no work was being carried out. To tackle this situation, the Supreme Court had said that district courts adjacent to such areas may be given concurrent jurisdiction so that no litigant has to suffer.

Besides this, steps in order to break the complete strike were also directed to be taken by the Supreme Court in December.

The Bar Councils are now directed to put on record the action taken against the lawyers responsible for preventing work from being carried out in two weeks. The Court will take up the matter for hearing next on February 17.

. Lawyers in the state of Orissa first went on strike in April last year, when the Orissa High Court Bar Association passed a resolution registering its protest against certain recommendations made by the High Court Collegium for elevation to the High Court. The lawyers protested the recommendation to elevate lawyers who are not regular practitioners before the High Court as judges.

Later, the Orissa High Court Bar Association resolved to boycott the courts of the High Court Collegium judges after the Supreme Court Collegium recommended the appointments of judicial officer Bibhu Prasad Routray and Advocate Sanjeeb Kumar Panigrahi as judges of the Orissa High Court.

In view of the “continuous strikes” over time, the Orissa High Court initiated suo motu contempt proceedings against 68 bar associations, including the High Court Bar Association.

In October last year, the Supreme Court opined that there was little doubt that the conduct of the lawyers amounted to contempt of court.

Read the order:

Orissa Lawyers' Boycott: Supreme Court asks Bar Councils to take action against lawyers preventing smooth functioning of work

Bar & Bench