Why Did They Sign Off Resolution To Strike Work? Calcutta High Court Seeks Explanation From Office Bearers Of Berhampore Bar Association

The Calcutta High Court on Monday sought explanation from the President, Vice-President and Secretary of Berhampore Bar Association as to why they were signatories to a resolution to strike work which paralysed the courts at Berhampore and denied access to justice to innumerable litigants.

The division bench of Justice Joymalya Bagchi and Justice Ajay Kumar Gupta observed:

“It appears the said office bearers were signatories to an earlier resolution to strike work and paralyse the courts in Berhampore. Prima facie, such a resolution runs counter to the directions passed by the Hon’ble Apex Court in Harish Uppal (Ex-Capt.) v. Union of India (2003) 2 SCC 45, Hussain v. Union of India (2017) 5 SCC 702, Krishnakanat Tamrakar v. State of M.P. (2018) 17 SCC 27 and District Bar Association, Dehradun v. Ishwar Shandilya (2020) 17 SCC 672.”

Senior Advocate, Dipak Kr. Sengupta representing the said office bearers informed the court that the Berhampore Bar Association by resolution dated February 13, 2023 has withdrawn the cease work and resolved to participate in judicial proceedings.

However, the Court issued show cause notice to defence lawyers of the accused in present case which involved murder trial, for acting contrary to the directions of the court in order dated January 31, 2023 which categorically directed that the prosecution witnesses who were present in the trial court must be examined by the Public Prosecutor and the defence Counsel.

The report of the trial judge dated February 1, 2023 and February 2, 2023 revealed that the accused lawyers refused to cross-examine the concerned witnesses citing the aforesaid Bar Resolution for strike work.

One of the accused-lawyers who was present before the High Court reiterated that they acted in terms of the Bar resolution.

The court held, “Under such circumstances, we are constrained to issue a Rule calling upon the said lawyers to show cause why they shall not be held guilty of wilful, deliberate and contumacious violation of order dated 31.01.2023.”

The court thus sought the affidavits in response by April 17, 2023.

Case Title: In Re- application for bail in the matter of Muklesur Rahaman @ Milon v. State

Coram: Justice Joymalya Bagchi and Justice Ajay Kumar Gupta

Click Here to Read/Download Order