‘Want To See If Apology Really Comes From The Heart’: Supreme Court Refuses To Close Contempt Proceedings Against Odisha Lawyers For Strike

The Supreme Court, on Monday, refused to close contempt proceedings against lawyers who had indulged in vandalism in court premises during their strike demanding formation of new Benches of the Orissa High Court.

Senior Advocate, Vijay Hansaria apprised a Bench comprising Justice S.K. Kaul and Justice Manoj Misra that the lawyers against whom the Apex Court had issued contempt notices have tendered unconditional apology. In view of the same, he sought the Court’s indulgence in closing the contempt proceedings by accepting the apology. He submitted that the message has gone loud and clear to the advocates and they would not indulge in such activities in the future. However, Justice Kaul did not seem to be impressed by the suggestion. In his opinion the apology was tendered merely to wiggle out of the uncomfortable situation that the lawyers find themselves in, at the present. Accordingly, the Bench passed the following order -

“It is also mentioned that the advocates and the associations have tendered unqualified apology and the same should be accepted. In your view it is too early in the day to do that, because of their past conduct in the earlier proceedings and this being a second time. We would like to watch if the apology really comes from the heart or is only to get out of this present contempt proceedings. It can only be reflected by their continuing conduct…”

Senior Advocate, Arvind Datar, appearing on behalf of the Orissa High Court, requested the Bench to consider passing directions to the concerned advocates and associations to give an undertaking that they would not display such misdemeanour in the future. The Bench recorded in the order, that the affidavits ought to be accompanied by such an undertaking.

Towards the end, at the request of the Bar Council of India, the Bench clarified that the pendency of contempt proceedings before the Supreme Court does not impede BCI from going ahead with its disciplinary proceedings. 

The Central Action Committee of all Bar Associations of Western Odisha had gone on strike seeking additional Benches of the Orissa High Court. Quickly, the agitation went haywire when the advocates indulged in violence. By its order dated 14.12.2022, the Apex Court had thought it fit to take strict action against the lawyers who have indulged in vandalising the Court premises. It had accepted the suggestion that all the officer bearers of all the Bar Associations who had participated in the strike and indulged in violence would be issued contempt notices.

This was not the first time that the Apex court was faced with such strikes by lawyers 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 breach of their duties and obstruction of the judicial process.

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