Supreme Court Issues Contempt Notice To Punjab & Haryana High Court Bar Association For Abstaining From Court Work

A bench of Justice Abhay Oka and Justice Augustine George Masih while dealing with an appeal noted that the impugned order passed by the High Court recorded that the advocates for the petitioner were absent from the HC on the date of the order (July 26, 2024) due to the lawyers abstaining from work. The appellant approached the Supreme Court after the HC dismissed its writ petition.

“Prima facie, the conduct of the lawyers of abstaining from the Court work is contrary to the settled law laid down by this Court. Issue notice to the Secretary of the High Court Bar Association calling upon the Secretary to show cause as to why contempt action should not be initiated against the Bar Association and its office bearers. The notice shall be forwarded to the Registrar General of the High Court of Punjab and Haryana High Court for effecting service”, the Court stated in its order.

During the proceedings today, Justice Abhay Oka said, “In every matter where we find such order – lawyers abstain – we are issuing notice to the Bar Association for contempt…This must be stopped. They stop the functioning of High Court.”

The Supreme Court as well as various High Courts have often deprecated the lawyers' going on strike. Last month, the Court issued a contempt notice to the Vishakhapatnam Bar Association for abstaining from court work and thereby preventing the Debts Recovery Tribunal (DRT) in Vishakhapatnam from functioning.

In November last year, Court deprecated lawyers' boycott of work in the Rajasthan HC and issued notice to Rajasthan High Court Bar Association and the Bar Council of India.

In 2021, Rajasthan High Court Bar Association, Jaipur, had tendered 'unconditional & unqualified apology' to the Supreme Court in contempt proceedings for boycotting a bench of the High Court as part of a strike. The Court observed that lawyers' strike is not a solution, and mere aggravates the situation.

In April 2023, the Supreme Court directed all High Courts to constitute grievance redressal cells through which the advocates can raise their issues without resorting to strikes.

In September last year, the Supreme Court issued notice to a bar association in Odisha for abstaining from court work for a day citing the death of one of its members.

In a PIL on continuous strike by the Kanpur Bar Association and the Lawyers' Association, Allahabad HC framed contempt charges against office bearers of the Bar Associations for continuing their strike despite the HC's order (to refrain from boycotting district courts). The HC issued contempt notice to the President and Secretary of the District Court Bar Association, Prayagraj over lawyers' strike for 127 days between 1 July 2023 and 30 April 2024.

Case no. – Special Leave To Appeal (C) No. 18201/2024

Case Title – M/S M3M India Pvt. Ltd. & Anr. v. Union of India & Ors.