Judge says boycott of proceedings by lawyers contempt of SC order
TNN | Apr 17, 2019, 04:08 IST
Lawyers protest outside new court building at Diwalipura on TuesdayVadodara: The sticky issue of seating arrangement for lawyers in the district court building has turned into a tug of war between the bar and bench.
While the lawyers boycotted the court proceedings on Tuesday morning and tried to stop litigants from entering the building, the court has called the boycott call illegal and contempt of the Supreme Court’s order.
Addressing the vice-president of the Baroda Bar Association (BBA), the principal district and sessions judge J C Doshi said in a letter that the constitution bench of Supreme Court has concluded that lawyers cannot neither go on a strike nor they can boycott court proceedings. He stated that as per the decision of the apex court no resolution for strike or boycott can be passed without consulting the district judge and the decision of the district judge is to be held final.
“… I do not accept your any kind of strike or boycott of the court. I state that the courts’ proceedings shall continue in pursuance with provisions of law and if any interference is caused in working of the court or prevent any litigant from litigating the cause or any advocate from vakalat, it would be treated as interference with administration of justice, which is not less than the contempt of court,” the letter stated.
On the other hand, the lawyers have said that they are firm in their decision that until the seating arrangements are made for every member of the association they will not withdraw their call to abstain themselves from appearing in any courts of Vadodara.
BBA president Hasmukh Bhatt also said that if any contempt action is taken against the lawyers, they will resort to appropriate steps for the welfare of members of the association and for the interest of judicial system.
“The decision on action to be taken regarding the contempt of court will be taken by the Gujarat high court,” said district court registrar Prakash Trivedi.
Even as the lawyers stayed away from court proceedings, the courts continued their matters.
The principal district court delivered judgements of three appeals and dismissed one appeal as neither of the parties nor did their advocates remain present for hearing.
While the lawyers boycotted the court proceedings on Tuesday morning and tried to stop litigants from entering the building, the court has called the boycott call illegal and contempt of the Supreme Court’s order.
Addressing the vice-president of the Baroda Bar Association (BBA), the principal district and sessions judge J C Doshi said in a letter that the constitution bench of Supreme Court has concluded that lawyers cannot neither go on a strike nor they can boycott court proceedings. He stated that as per the decision of the apex court no resolution for strike or boycott can be passed without consulting the district judge and the decision of the district judge is to be held final.
“… I do not accept your any kind of strike or boycott of the court. I state that the courts’ proceedings shall continue in pursuance with provisions of law and if any interference is caused in working of the court or prevent any litigant from litigating the cause or any advocate from vakalat, it would be treated as interference with administration of justice, which is not less than the contempt of court,” the letter stated.
On the other hand, the lawyers have said that they are firm in their decision that until the seating arrangements are made for every member of the association they will not withdraw their call to abstain themselves from appearing in any courts of Vadodara.
BBA president Hasmukh Bhatt also said that if any contempt action is taken against the lawyers, they will resort to appropriate steps for the welfare of members of the association and for the interest of judicial system.
“The decision on action to be taken regarding the contempt of court will be taken by the Gujarat high court,” said district court registrar Prakash Trivedi.
Even as the lawyers stayed away from court proceedings, the courts continued their matters.
The principal district court delivered judgements of three appeals and dismissed one appeal as neither of the parties nor did their advocates remain present for hearing.
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