Vandalism During Odisha Lawyers' Strike : Supreme Court Grants Last Opportunity To 33 Lawyers To File Affidavits In Contempt Proceedings

In 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, the Supreme Court, on Monday, granted last opportunity to the lawyers who have not filed their affidavits to do so within a period of three weeks.

A Bench comprising Justice SK Kaul and Justice Aravind Kumar was apprised that out of the 190 lawyers to whom the Apex Court had issued notice, 33 are yet to file their affidavit. Justice Kaul asked if the ones who have not filed should be proceeded against. The Counsel appearing for the contemnor lawyers submitted that some of the affidavits are already with him, but there are certain defects that need to be cured. In view of the same he sought three weeks’ time to file them.

Considering their plea the Bench recorded in the order -

“33 contemnors are stated not to have filed their affidavit yet. Counsel appearing for them requests for 3 weeks’ time to file the affidavit. This is the last opportunity beyond which we will assume they have nothing to say and proceed with contempt…”

It was brought to the notice of the Bench that some of the contemnors have not been served. Accordingly, the Bench directed the unserved contemnors to be served. It directed the matter to be next listed in August, 2023.

Justice Kaul enquiry, “Are all courts working now.”

He was informed that they are all functioning without any impediment.

On the last occasion, the Apex Court was informed that the lawyers against whom the Apex Court had issued contempt notices have tendered unconditional apology. Indulgence was sought to close the contempt proceedings by accepting the apology. However, the Court did not seem to be impressed by the suggestion and refused to close the contempt proceeding.

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]

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