The State Of M.P. & Ors. vs Mukesh & Ors.
2023 Latest Caselaw 5193 MP

                                       1
               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                                FA No. 611 of 1999
                        (THE STATE OF M.P. & ORS. Vs MUKESH & ORS.)

Dated : 28-03-2023
          Shri Rohit Jain- Government Advocate for the appellants/State.

          None for the respondents.

On a call given by the State Bar Council of M.P. the lawyers are abstaining from work in spite of letter dated 22.3.2023, issued by the Bar Council of India thereby requesting the State Bar Council of M.P. to follow the

various dictums passed by the Supreme Court from time to time in respect of strike.

The Division Bench of this Court by order dated 24.03.2023 passed In Reference (Suo Moto) Vs. Chairman, State Bar Council of M.P. & others (W.P. No.7295/2023) has issued 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;

(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.

In spite of that Lawyers are abstaining from court work. Under these circumstances, this Court has no other option but to issue notice to counsels for the respondents to show cause as to why contempt proceedings be not initiated against them for violating the order dated 24.03.2023 passed by Division Bench of this Court in the case of Chairman, State Bar Council of M.P and Others (supra).

Office is directed to register separate proceedings for the same. Heard.

Reserved for judgment.

(G.S. AHLUWALIA) JUDGE

Shanu

Digitally signed by SHANU RAIKWAR Date: 2023.03.29 10:40:59 +05'30'