Give Undertaking To Drop Contempt : Karnataka High Court Tells Office Bearers Of Bar Associations Who Called For Court Boycott
The Karnataka High Court on Thursday directed the office bearers of Bar associations in the state, who gave a call to its members to abstain from court work, to file a fresh undertaking. The undertaking has to expressly state that they will abide by the law laid down by the Apex court, which holds the act of boycotting the court by advocates as illegal. Till then it has refused to drop...
The Karnataka High Court on Thursday directed the office bearers of Bar associations in the state, who gave a call to its members to abstain from court work, to file a fresh undertaking.
The undertaking has to expressly state that they will abide by the law laid down by the Apex court, which holds the act of boycotting the court by advocates as illegal. Till then it has refused to drop the suo-motu contempt proceedings initiated by it against the accused.
In the affidavits filed by the alleged-contemnors, it was stated that they did not intend to boycott the courts but requested the members of the bar to participate in the protest being held in wake of the murder of Advocate Tarihalli Venkatesh, inside court premises on February 27, at Hospet in Karnataka.
A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj on going through the affidavits orally said "There has to be a clear statement made that they will abide by the law laid down by Apex court and not take recourse to boycotting the court. Otherwise the affidavit is meaningless."
In its order the bench noted "Though there is a mild attempt to justify the act of remaining away from the court, an unconditional apology has been tendered. However, no undertaking is given to abide by law laid down by the Apex court and not take recourse to boycott of courts."
The counsel appearing for the accused agreed to file a fresh undertaking during vacation. The court accordingly granted him time to file the undertaking by next date, May 25.
As per a report submitted by the registry to the court, district Mandya Bar Association abstained from court work on Jan 4, 2021. The Bar Association at Maddur gave a call to abstain from court work on January 4 and February 6. The Bar Association at Srirangapatna, Malavalli, Krishnarajpete, abstained from court work on January 4. The Bar Association at Pandavapura, abstained from court work on 4, 15 and 30 January. The bar association at Davanagere abstained from work on January 29 and February 8.
The court had on the previous hearing orally observed that due to boycott of courts by lawyers, it is litigants who suffer the most. It had said "Litigants suffer, we are here for the sake of litigants and can we say for any reason, one reason we read, farmers agitation, why should litigants suffer."
It had added "Do you understand how much common man's money is invested in the functioning of the court. Someday this analysis needs to be made, how much money is spent on one day's courts working. If one day the court sits idle, who is at the loss, ultimately it is the common man's money."
Following which the court had asked the accused to file a statement on oath tendering apology and giving undertaking that they would not violate the law laid down by Apex court.
The bench also de-linked the suo-motu petition initiated against office bearers of Davanagere bar association as the counsel informed the court that the association has decided to appoint a senior advocate to plead their case.
Chief Justice Oka had earlier made an appeal to the bar to refrain from boycotting court hearings.