Prayagraj: Prima facie holding that office-bearers of Kanpur Bar Association and Lawyers’ Association have committed contempt of court and are liable to face contempt proceedings for continuing illegal strike, a seven-judge bench of Allahabad High Court on Friday framed charges against them and also directed them to file reply.
As per direction of the court, office-bearers of Kanpur Bar Association (KBA) and Lawyers’ Association appeared before the court on Friday. On a query by the court as to why the strike has not been called off despite court’s direction dated April 6, the office-bearers submitted that the strike has been called by the general body and any decision can only be taken by the general body, which has resolved not to call off strike. “However, they are willing to go to jail,” they added.
Taking a serious note of the stand of the office-bearers, the seven-judge bench observed, “We find that office-bearers of Bar association, who are present before the court, prima facie, are in deliberate and wilful contempt of this court by interfering in the administration of justice, calling illegal strike since March 16, 2023 and thereby paralysing the judicial work in the district judgeship at Kanpur Nagar and they have made themselves liable to face contempt proceedings.”
Earlier, the seven-judge bench on April 6 had issued notices to office-bearers of both the Bar associations. In pursuance of it, KBA president Naresh Chandra Tripathi, general secretary Anurag Srivastava besides general secretary Sharad Kumar Shukla and vice-president Sarvesh Yadav of the Lawyers’ Association, Kanpur Nagar (in the capacity of president, the Lawyers’ Association, Kanpur Nagar) were present.
Other office-bearers present in the court were Anoop Kumar Shukla, vice-president and Ajay Pratap Singh Chauhan, secretary, Kanpur Bar Association.
In the first charge, the seven-judge bench comprising Chief Justice Pritinker Diwaker and Justices Sunita Agarwal, Surya Prakash Kesarwani, Manoj Kumar Gupta, Anjani Kumar Mishra, KJ Thaker and MC Tripathi said that the office-bearers, who received notices by the court, by their conduct have wilfully and deliberately committed the contempt of court by interfering in the administration of justice, calling illegal strike since March 16, 2023 and thereby paralysing the judicial work at the district judgeship at Kanpur Nagar.
In the second charge, the court said, the aforesaid office- bearers by their conduct and statements, have wilfully and deliberately committed the contempt of the order dated April 6, 2023 of this court, by restraining the lawyers from performing the judicial work in the district court at Kanpur Nagar, affixing a hand-written notice dated April 6, 2023, reiterating the resolution dated March 25, 2023, for an indefinite strike, and threatening the lawyers with adverse consequences in case any one of them attends the court proceedings.
In the third charge, the court said, “The aforesaid office-bearers, by using abusive and unparliamentary language and outrageous behaviour during the strike period in district court, Kanpur Nagar, scandalized and lowered the authority of the court and undermined the sanctity of the Institution and the dignity of the entire district judiciary, have committed the contempt of court.” While directing the office to register the proceedings of contempt as a separate case, the court directed the aforesaid office-bearers to file their reply/defence in response to the three charges framed by the court.
During the court proceedings, advocate general of UP, Ajay Kumar Misra, while relying several Supreme Court judgments, submitted before the court that strike is not permissible in any manner and he is deadly against the said strike.
Besides, chairman of Bar Council of UP, Panchu Ram Maurya, who was present before the court, categorically stated that he is not supporting the call of strike by the Kanpur Bar Association and appropriate disciplinary proceedings would be initiated against those who are actively involved in the strike. He submitted that some time be given to him to call a meeting and to inform this court about the decision taken by the Bar Council of UP. Besides, one Ankaj Mishra, another member of the Bar Council of UP, who belong to Kanpur and was present in the court, also supported the view expressed by the chairman of the Bar Council of UP.
As per direction of the court, office-bearers of Kanpur Bar Association (KBA) and Lawyers’ Association appeared before the court on Friday. On a query by the court as to why the strike has not been called off despite court’s direction dated April 6, the office-bearers submitted that the strike has been called by the general body and any decision can only be taken by the general body, which has resolved not to call off strike. “However, they are willing to go to jail,” they added.
Taking a serious note of the stand of the office-bearers, the seven-judge bench observed, “We find that office-bearers of Bar association, who are present before the court, prima facie, are in deliberate and wilful contempt of this court by interfering in the administration of justice, calling illegal strike since March 16, 2023 and thereby paralysing the judicial work in the district judgeship at Kanpur Nagar and they have made themselves liable to face contempt proceedings.”
Earlier, the seven-judge bench on April 6 had issued notices to office-bearers of both the Bar associations. In pursuance of it, KBA president Naresh Chandra Tripathi, general secretary Anurag Srivastava besides general secretary Sharad Kumar Shukla and vice-president Sarvesh Yadav of the Lawyers’ Association, Kanpur Nagar (in the capacity of president, the Lawyers’ Association, Kanpur Nagar) were present.
Other office-bearers present in the court were Anoop Kumar Shukla, vice-president and Ajay Pratap Singh Chauhan, secretary, Kanpur Bar Association.
In the first charge, the seven-judge bench comprising Chief Justice Pritinker Diwaker and Justices Sunita Agarwal, Surya Prakash Kesarwani, Manoj Kumar Gupta, Anjani Kumar Mishra, KJ Thaker and MC Tripathi said that the office-bearers, who received notices by the court, by their conduct have wilfully and deliberately committed the contempt of court by interfering in the administration of justice, calling illegal strike since March 16, 2023 and thereby paralysing the judicial work at the district judgeship at Kanpur Nagar.
In the second charge, the court said, the aforesaid office- bearers by their conduct and statements, have wilfully and deliberately committed the contempt of the order dated April 6, 2023 of this court, by restraining the lawyers from performing the judicial work in the district court at Kanpur Nagar, affixing a hand-written notice dated April 6, 2023, reiterating the resolution dated March 25, 2023, for an indefinite strike, and threatening the lawyers with adverse consequences in case any one of them attends the court proceedings.
In the third charge, the court said, “The aforesaid office-bearers, by using abusive and unparliamentary language and outrageous behaviour during the strike period in district court, Kanpur Nagar, scandalized and lowered the authority of the court and undermined the sanctity of the Institution and the dignity of the entire district judiciary, have committed the contempt of court.” While directing the office to register the proceedings of contempt as a separate case, the court directed the aforesaid office-bearers to file their reply/defence in response to the three charges framed by the court.
During the court proceedings, advocate general of UP, Ajay Kumar Misra, while relying several Supreme Court judgments, submitted before the court that strike is not permissible in any manner and he is deadly against the said strike.
Besides, chairman of Bar Council of UP, Panchu Ram Maurya, who was present before the court, categorically stated that he is not supporting the call of strike by the Kanpur Bar Association and appropriate disciplinary proceedings would be initiated against those who are actively involved in the strike. He submitted that some time be given to him to call a meeting and to inform this court about the decision taken by the Bar Council of UP. Besides, one Ankaj Mishra, another member of the Bar Council of UP, who belong to Kanpur and was present in the court, also supported the view expressed by the chairman of the Bar Council of UP.