The Chhattisgarh High Court has taken action against lawyers striking out in the Durg District Court over the shifting of a Family Court by registering a suo motu case over lawyers.

The Court took a critical note and stated it as the “shocking state of affairs.”

Observing the situation, Chief Justice PR Ramachandra Menon and Justice Parth Prateem Sahu stated,

“It is not unknown that threat to the judiciary, from different corners, has become the order of the day. If Bar and the Bench are two sides of the same coin, now the threat is from within."

The Court then emphasize,

“As far as the proceedings of the Courts are concerned, the interest of the litigants is of paramount importance and nobody can be permitted to take the law in their hands, whoever he may be, whether a Lawyer, Doctor, Engineer, Architect, Worker or a common man. The System and the Institution will collapse, if this Court is not in a position to protect the interest of all concerned as above, and if not, there is no meaning for the existence of the Institution.”

The Bench was critical of striking Lawyer's move to intimidate Judicial Officers, other Lawyers, and litigants at the Court, and thus observed,

"We have no doubt that no dignified Lawyer in the country will ever support it."

The High Court was acting on a report received from a District Judge in Durg on Jan 15, which detailed the “extremely unpleasant events” following the move to temporarily shift the Family Court to a location 3-4 km away, as identified by the District Collector.

The sites which some Lawyers suggested as the locations where the premises could be shifted found to be not vacant.

The subsequent move to shift the Family Court to the area marked by the District Collector was said to have been “forcefully obstructed by lawyers",

The Court has regarded the whole progress as “went beyond all proportions and … is continuing from 13.01.2020.”

The Court was informed that lawyers, under the cover of the Durg District Bar Association, were abstaining from duties.

It said:

"Besides forcefully obstructing the Judicial Officers and staff from doing their work and in preventing other Lawyers, litigants, witnesses and other stakeholders from entering the Court.”

On Jan 14, the Court was told that the protesters:

"Virtually threatened the Judicial Officers and staff of dire consequences, including assault, if they performed any Court work. The main gate to the Court premises was forcefully locked by the agitating Lawyers and they obstructed the vehicles of the Judicial Officers keeping them out; which made the Judicial Officers walk down to Courts in fear and threat. The threat and shouting abusive words continued on the next day as well.”

During the hearing, while reporting these events, the District Judge also placed on record CCTV footage of the same before the High Court.

The High Court in response to this observed that the acts were contrary to the noble and dignified status attached to the legal profession.

"… Over and above the 'Strike' that is called for, what disturbs this Court more, is the course and conduct displayed by the persons proclaimed as “Lawyers”, who pursue a noble and dignified profession, in forcefully obstructing the Judicial Officers and staff and intimidating them of assault.”

The Court was straight serious about the matter and in the direction, it issued orders for the Police protection of judicial officers and litigants and directing that criminal proceedings be initiated against delinquent lawyers.

The Court also asked to attach with the suo moto case registered now, any case which is connected to the issue before the Court, that includes anticipatory bail pleas.

The matter has been postponed for further hearing on Jan 21, after directing the presence of the office-bearers of the Durg District Bar Association.

The order has been passed by Chief Justice PR Ramachandra Menon and Justice Parth Prateem Sahu on 17-01-2020.

Picture Source :