Supreme Court Asks Bar Council Of India To Suspend Licenses Of Advocates In Odisha For Court Boycott & Act Against Office Bearers Of Bar Associations

Earlier, on November 14, the Bench had issued a thinly veiled warning to the agitating lawyers that their registrations would be cancelled, and contempt proceedings initiated against them if they failed to "conduct themselves" and desist from such acts that had "practically brought the working of the judicial system to a standstill and jeopardised the litigating public". The district bar associations had also been directed to ensure that their members "fell in line". The Bench had said, "Access to justice is the very foundation of a legal system. The legal fraternity is the instrument of access to justice to the people at large. When the very instruments abstain from court proceedings, the casualty is the access to justice to the common people and it is the common people and litigants who suffer. We will not countenance this."

On Monday, the apex court noted with profound disappointment that despite its stern directives, agitations and picketing continued in the state, disrupting the working of the court. Several bar associations in the state of Odisha continued to abstain from work, Justice Kaul's bench was informed. Justice Kaul observed that the judicial work, in at least 20 districts, continued to be hampered in the month of October. "3,216 cumulative judicial working hours have been lost," he said with dismay.

The protesting lawyers also reportedly obstructed the ingress and egress of litigants, judicial officers, and other lawyers into the court building of the district court in Khordha on Friday. Consequently, the district judge wrote to the apex court seeking protection for the judicial officers, staff, and litigants. Taking note of these developments, the Bench said. "They were obstructed by 300-400 advocates. But, even after the police personnel reached, the bar members prevented access by violently obstructing them. No prior intimation was given to the district judge by the bar association members regarding such picketing". Such picketing was staged by the members of many bar associations across the state, including Sambalpur and Badamba. The lawyer are reportedly agitating for setting up regional benches of the High Court.

The Bench, relying on the supplementary affidavit filed by the Orissa High Court, also observed, "From the conduct of the advocates, there is little doubt that there are many so-called advocates enrolled at the bar, whose bread and butter is obviously not this profession."

Justice Kaul, speaking for the Bench, dictated the order as follows:

 "We would expect the Bar Council of India to take appropriate action against all the members of the bar associations. Logically, we would expect their licenses to be suspended, at least till the work is resumed. Further action must be taken against the members of the action committee as well. We expect the police to provide full-proof arrangements for the ingress and egress of not only judicial officers but also all willing members of the bar and the public, who would be entitled to contest their own proceedings".

The Bench also directed the administration to take "appropriate steps, including preventive arrest or otherwise as required in the wisdom of the administrative" to ensure willing members of the bar, the judicial officers, and the public access to the court buildings. However, Justice Kaul acknowledged that the apex court could only emphasise that it was the "duty and obligation" of the administration to make the courts functional, and the task to design a "suitable methodology" ultimately fell on the administration itself.

Further, the Bench directed the judicial officers in the courts hit by the protests to pass necessary orders in all proceedings. "If adverse orders become necessary, let the same be passed as we have given the option to the litigants to come to court and defend and prosecute their own proceedings," Justice Kaul explained.

Notably, during the last hearing, the Court was informed that an order had already been passed by the Chairman of the Bar Council of India, placing under suspension, the office-bearers and members of the executive committees of five district bar associations of Odisha for their role in encouraging the strike. Refusing to hold the order in abeyance, Justice Kaul had said, "There is absolutely no question of putting the order on hold. We want more suspensions, in fact. That is what we have directed the Bar Council." The order pronounced by the Bench also stated that if the district bar associations did not resume work by November 16, the bar council would "proceed further with similar actions against all office-bearers of the remaining bar associations".

This is not the first time that the apex court has forced striking lawyers back to work in Odisha. Earlier, in 2020, another Bench headed by Justice Kaul had directed the Bar Council of India and the Odisha Bar Council to take appropriate actions against advocates who had abstained from court work, for a breach of their duties and obstruction of the judicial process. The reason for the agitation has largely remained the same. Now, as per reports, the lawyers have claimed that although a comprehensive proposal for setting up of a permanent bench in Western Odisha was requested by the Centre, the state government has made no attempts to furnish such a proposal.

Case Title

M/s PLR Projects Private Limited v. Mahanadi Coalfields Limited and Ors. [Diary No. 33859-2022]

Citation : 2022 LiveLaw (SC) 1006

Advocates Act 1961- Disciplinary action against striking lawyers - Bar Council of India to take appropriate action against all the executive members of different Bar Associations on strike contrary to directions of this Court and logically we would expect their licences to be suspended at least till the work is resumed and further action against the members of the Action Committee.