HC furious over ongoing strike, lawyers issued contempt notice

‘Blocking access to court against law, cannot be condoned’

JAMMU: Strongly disapproving the ongoing lawyers' strike which entered its 41st day on Wednesday and their acts of blocking access to various courts in Jammu region, the Jammu and Kashmir High Court today issued notices to several advocates spearheading the stir, seeking their stands on why the contempt of court proceeding be not launched against them.

“The conduct of these advocates of locking the District Court and preventing the litigants in civil cases, under trials and lawyers from accessing the courts is a very serious matter and can’t be ignored,” the court said in a stern warning.

The bench of Chief Justice Gita Mittal and Justice Rajesh Bindal took suo motu congnisance of the strike, and sought advocates' replies within two weeks, while posting the matter for further hearing on January 20.

Work in the high court and its subordinate courts has been affected in most parts of the Jammu region with JKHCBA observing an indefinite strike since November 1 against the government's decision to divest courts of its powers to register various documents and vest the same with the Revenue Department.

Upset with lawyers continuing strike for nearly a month and half and not only blocking access of common people to courts but even locking judicial officers and others inside the trial court premises, the bench said, "We have no doubt that such conduct is in blatant violation of the mandate of law... and cannot be condoned."

The bench issued notices to advocates spearheading the stir, saying "we would become a party to such violations if we continue to ignore such actions which have been held by the Supreme Court to be clearly contumacious and falling under the serious category of criminal contempt of court, professional misconduct and even criminal offences".

"The mere call for meeting or the very decision to proceed on strike; remaining absent from the court and boycott of judicial proceedings; locking courts and preventing entry to those wanting to enter (the court premises) are 'completely illegal' rendering all persons, responsible for the same, liable to appropriate action as mandated by the Supreme Court of India," the bench said in its 46-page order.

Taking note of Jammu's principal district judge's reports, the bench appeared to be especially perturbed over the lawyers' acts of blocking access to the district courts complex on November 4 and 6.

"A report from the principal district and sessions judge, Jammu said the main entrance of the district courts building complex was blocked on November 4, 2019 by certain striking lawyers.

"On intervention of the principal district judge, the lawyers permitted a few undertrial prisoners and ladies to enter the court complex, but the same was blocked again," the bench noted.

"On November 6, the striking lawyers illegally began checking identity cards of those who wanted to enter into the court building. Yet again few staff members, undertrial prisoners and some accused were able to enter the court," the bench noted.

"As a result of the main gate being locked, the judges, staff and those who were inside the district courts were confined therein by these striking lawyers," the bench noted, while pointing out that illegally confining a person was a penal offence under the Indian Penal Code.
The bench issued notices to whom it identified on the basis of reports from the Jammu's principal district and sessions judge as allegedly interfering with the adminstration of justice and blocking access to court premises.

The protesting lawyers have been asked to file response as why they should not be proceeded against under rules 10, 11 of the Jammu and Kashmir Advocates (Regulation of Practice in the High Court and Subordinate Courts) Rules, 2003 as well as proceeded against for the acts which are penal under the provisions of the Indian Penal Code.

Registrar General High Court of J&K has been directed to procure from the Registrar Judicial, Jammu as well also from the Principal District & Sessions Judge, Jammu upto date reports regarding the position with regard to obstructions to access the court as well as CCTV video coverage recorded and photographs thereof.

Registrar IT has also been directed to conduct an inquiry in the matter and submit a report in this regard to the court.

The lawyers identified by the bench as blocking access to courts are S Baldev Singh, Azhar Usman Khan, Mahinder Singh Palli, Suresh and Rahul.