Union Of India vs M/S R.N. Tandon And Sons Engineer ...
2023 Latest Caselaw 4896 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                              AA No. 35 of 2023
       (UNION OF INDIA Vs M/S R.N. TANDON AND SONS ENGINEER AND CONSTRUCTION)

Dated : 27-03-2023
      None for both 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 WP No.7295/2023 in para-

18 following directions were issued:-
                 "18. 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
                                    2
          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
          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 appear 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.

Notices shall not be issued to Government Advocates appearing for State since they remained present in Court and complied with directions passed in WP No.7295/2023.

List the matter after four weeks.

(VISHAL DHAGAT) JUDGE shabana Digitally signed by SHABANA ANSARI Date: 2023.03.28 14:39:26 +05'30'