'Our Intent Was No Special Privilege Can Be Shown To Lawyers' : Supreme Court Says Bail Pleas Of Odisha Lawyers Be Considered On Merits

The Supreme Court, on Monday, clarified that when it had recorded in its order dated 14.12.2022 that lawyers who had indulged in vandalism in court premises during their strike demanding formation of new Benches of the Orissa High Court ‘do not deserve any indulgence’ it merely meant that no special privilege ought to be shown to them.

Senior Advocate Vikas Singh appearing on behalf of such lawyers apprised a Bench comprising Justice S.K. Kaul and Justice Manoj Misra that this particular observation is coming in the way of being granted bail by the courts below. Accordingly, the Bench noted that the intent of the previous order was not to impede grant of bail to the lawyers approaching Trial Courts and High Court, but to ensure that they do not get any special treatment merely because they are members of the Bar.

“Our intent was clear that no special privilege can be shown to such lawyers; nor are they entitled to such indulgence in the status of a lawyer if they do not behave as they are expected to do. However it is submitted that this sentence is being interpreted to imply that 'no indulgence’ mean that they will never be granted bail.That could not have been our intent…We are making it clear that the bail applications will be considered in accordance with the facts applicable to the case…”

The Bench was also informed that some Courts were not considering the bail applications because the present proceeding is pending before the Apex Court. The Bench made is clear that the pendency of the case before the Supreme Court would in no manner impede the bail applications made before the concerned courts.

However, the Bench refused to decide the bail applications on merit. It asked the lawyers to approach the concerned courts to seek remedy available in law.

On 27.01.2022, the Counsel appearing on behalf of the Central Action Committee (CAC) of all Bar Associations of Western Odisha, mentioned that about 30 advocates, including 4 women, have been behind bars since the past 45 days. He submitted that the District Court has refused to enlarge the advocates on bail and their applications are before the Odisha High Court. The Counsel claimed that the High Court has deferred the hearing on several occasions. The Apex Court had refused to pass any orders in this regard.

In December, 2022, a strike called by the District Bar Association, Sambalpur demanding the establishment of a permanent Bench of Orissa High Court in Sambalpur district had gone rogue when massive clashes erupted between the lawyers and the police. The Supreme Court had passed orders to the State Government of Odisha and the State Police to take stringent actions against striking lawyers. Apart from the Bar Council suspending the license of the concerned advocates, police arrests were also made.

Earlier, the Bench had been critical of the conduct of the advocates who had indulged in vandalism and had asked the authorities to not ‘moddlycoddle’ them. The Court endeavoured to remind the advocates that their duty is to assist the litigants in attaining justice and not hinder their cause.

“We must impress upon the legal fraternity that the privilege to have a license of a lawyer is to use it responsibly...The disruption of normal functioning affects the litigants. We are saying so in the general context not with respect to the incident...."

Their act of burning effigies and browbeating the Advocate General, members of Bar Council of India and members of Bar Council of the State was strongly condemned by the Bench.

Previously when the Counsel for CAC had implored the Bench to grant expeditious hearing of the bail applications of the lawyers, the Bench had declined the request. It had observed -

“A request is made that their bail applications be considered as per law. Our view is that every court acts as per law and there is no need to show any indulgence to these lawyers."

[Case Title: M/s. PLR Projects Pvt. Ltd. v. Mahanadi Coalfields Ltd. And Ors. Diary No. 33859/2022]

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