The Calcutta High Court had taken a severe view of the ongoing strike by Lawyers in Medinipur district of West Bengal and have asked the President and Secretaries of the concerned Bar Associations to show cause for not initiating contempt proceedings against them.

The Court has asked Medinipur Bar Association and Midnapur District Bar Association to file their response by Feb17, 2020.

The order readout:

"Report placed before us discloses sufficient materials to make a prima facie view that the conduct of the striking lawyers amounts to interference with the administration of justice and has resulted in complete paralysis in the dispensation of justice in the said district. Under such circumstances, we direct the Presidents and Secretaries of the concerned Bar Associations…to show cause why contempt proceedings shall not be initiated against them in terms of law declared by the apex court in Harish Uppal (Ex-Capt.) Vs. Union of India (2003) 2 SCC 45."

The Court took notice of the shabby state of the Medinipur Sadar Court after a bail petition wherein the original case records couldn't be produced due to the long-drawn strike.

It was contended before the Court that the Lawyers at the said Court had been striking since Dec 20, 2019.

The Court noted that the striking Lawyers not only held back from appearing before the Courts but also obstructed access to the Court premises to all, including Judges, Police Officers, staff and willing litigants.

The Court blasted at Lawyers for not taking into considerations, repeated orders of the SC and behaving in such nonchalant manner,

The bench said:

"The aforesaid state of affairs depicts a cavalier attitude on the part of the lawyers to the rule of law and repeated pronouncements of the Apex Court that a strike in court resulting in paralysis of administration of justice amounts to criminal contempt…The report placed before us discloses sufficient materials to make a prima facie view that the conduct of the striking lawyers amounts to interference with the administration of justice and has resulted in complete paralysis in the dispensation of justice in the said district."

Along with it, the High Court also issued a slew of directions to curb the menace created by the striking lawyers. It directed the concerned District Judge and the Superintendent of Police to ensure that:

(a) Court premises at Medinipur Sadar is kept open and accessible to all, without any sort of obstruction.
(b) Prompt investigation for committing a cognizable offense is initiated against lawyers who cause obstruction to judges/police personnel/staff/willing lawyers/litigants and other stakeholders in the administration of justice.
(c) No obstruction is made in the furnishing of bail bonds by sureties including the family members of accused persons.

In the end, the Court also directed all the Judicial Officers and Court Staff to take all necessary steps so that certified copies and other relevant documents sought for by the litigants are provided to them forthwith.

The order has been passed by Justice Suvra Ghosh and Justice Joymalya Bagchi on 09-01-2020.

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