Nasir Ali vs Income Tax Officer
2023 Latest Caselaw 4958 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                          WP No. 6738 of 2023
                                                 (NASIR ALI Vs INCOME TAX OFFICER AND OTHERS)

                          Dated : 27-03-2023
                                None for the counsel authorized by the petitioner in the Power of

                          Attorney is present.

                                In respect of a call given by the M.P. State Bar Council asking the
                          members of the Bar in the State of M.P. to abstain from Court work w.e.f
                          23.03.2023, the Division Bench of this Court took suo motu cognizance of the

                          situation in W.P. No. 7295/2023 (In Reference (Suo Motu) vs. Chairman,
                          State Bar Council of M.P. and Others) and passed order on 24.03.2023, the
                          operative portion of which is reproduced below for ready reference and
                          convenience:-
                                 "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 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;
Signature Not Verified
Signed by: VIVEK KUMAR
TRIPATHI
Signing time: 3/28/2023
10:21:27 AM
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                                    (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.
                                    The Registry is directed to ensure that all the respondents are

served with the notice of this petition as well as of this order forthwith.

Post after service of notice."

Despite writ of mandamus having been issued by Coordinate Bench on 24.03.2023, counsel for petitioner Shri Sapan Usrethe and Shri Amaan Haroon Khan, despite being authorized by petitioner vide Power of Attorney, are abstaining from Court work.

This prima facie amounts to disobedience of the writ of mandamus issued on 24.03.2023 in W.P. No. 7295/2023.

Accordingly, Registry is directed to issue show cause notice to Shri Sapan Usrethe and Shri Amaan Haroon Khan to explain before the next date of hearing as to why proceedings for contempt be not initiated against them for disobedience of order passed by the Division Bench on 24.03.2023 in W.P. No. 7295/2023.

Registry is further directed to maintain a separate file qua the contempt notice.

List after two weeks.

                             (SHEEL NAGU)                                            (VIRENDER SINGH)
                                JUDGE                                                      JUDGE

                          vivek




Signature Not Verified
Signed by: VIVEK KUMAR
TRIPATHI
Signing time: 3/28/2023
10:21:27 AM