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Smt. Anupama Mishra vs Union Of India
2023 Latest Caselaw 4829 MP

Citation : 2023 Latest Caselaw 4829 MP
Judgement Date : 27 March, 2023

Madhya Pradesh High Court
Smt. Anupama Mishra vs Union Of India on 27 March, 2023
Author: Vishal Dhagat
                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        WP No. 7113 of 2023
                                          (SMT. ANUPAMA MISHRA Vs UNION OF INDIA AND OTHERS)

                          Dated : 27-03-2023
                                None for the parties.

                                Division Bench of this Court has taken suo motu cognizance of
                          communication made by Chairman of State Bar Council of M.P asking entire
                          Lawyer community in State of M.P. to abstain from Court work.
                                In PIL vide order dated 24.3.2023 passed in W.P. No.7295/2023 in para-

                          18 following directions were issued:-

                                "œ18. Under these circumstances, since the judgment of the
                                Hon'™ble Supreme Court has been violated and keeping in
                                mind the interest of the poor litigants, we deem it just and
                                necessary to issue the following directions:-
                                   (i ) All the advocates throughout the State of Madhya
                                   Pradesh are hereby directed to attend to their court
                                   work forthwith. They shall represent their clients in the
                                   respective cases before the respective courts forthwith;
                                   (ii) If any lawyer deliberately avoids to attend the court,
                                   it shall be presumed that there is disobedience of this
                                   order and he will be faced with serious consequences
                                   including initiation of proceedings for contempt of court
                                   under the Contempt of Courts Act;
                                   (iii) If any lawyer prevents any other lawyer from
                                   attending the court work, the same would be considered
                                   as disobedience of these directions and he will be faced
                                   with serious consequences including initiation of
                                   proceedings under the Contempt of Courts Act;
                                   (iv) Each of the judicial officers are directed to submit a
                                   report as to which lawyer has deliberately abstained
                                   from attending the court;
                                   (v) The judicial officers shall also mention the names of
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 3/28/2023
2:36:26 PM
                                                              2
                                   advocates who have prevented other advocates from
                                   entering the court premises or from conducting their
                                   cases in the court;
                                   (vi) Such advocates shall be dealt with seriously which
                                   may even include proceedings under the Contempt of
                                   Courts Act as well as being debarred from practice."
                                 Division Bench had issued directions to Advocates to attend the Court
                          work forthwith and to represent their clients in their respective cases. If
                          abstention from work is deliberate then Advocate will have to face serious
                          consequences including initiation of contempt petition.
                                 In view of same, as Advocates for the parties are not appearing in the
                          case, Registry is directed to issue show cause notice to counsel for the

                          petitioner(s) as well as counsel for the respondent(s) whose name appears in the

Vakalatnama to give explanation why Contempt Proceedings may not be initiated against him/her/them for deliberate violation of order dated 24.3.2023 passed in W.P. No.7295/2023.

List the matter after four weeks.

(VISHAL DHAGAT) JUDGE

sp/-

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 3/28/2023 2:36:26 PM

 
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