Supreme Court Refused To Close Contempt Proceedings Against Odissa Lawyer For Strike: Want To See If Self Apology Really Comes From The Heart

The Supreme Court in the case M/s. PLR Projects Pvt. Ltd. v. Mahanadi Coalfields Limited And Ors observed and has refused to close the contempt proceedings filed against the lawyers, who are being indulged in vandalism in court premises during their strike demanding the formation of new Benches of the High Court of Orissa. The bench comprising of Justice S.K. Kaul and Justice Manoj Misra was hearing the present matter. The counsel, Senior Advocate, Vijay Hansaria appraised the bench that the lawyers against whom the Apex Court had issued contempt notices have tendered unconditional apology. Thus, it has also been sought by the court indulgence in closing the contempt proceedings by accepting the apology. It has also been submitted by the court that the said message has gone loud and clear to the advocates and the advocates would not be indulge in such activities in the future.

The bench headed by Justice Kaul observed and stated that it did not seem to be impressed by the suggestion. In the said opinion the apology was being tendered which is merely to wiggle out of the uncomfortable situation that the lawyers who find themselves in. In its order, the bench stated that it is also being mentioned that the advocates and the associations have tendered an unqualified apology and the same needs to be accepted. In the view of the of the court it is to early in the day to do that, because of their past conduct in the earlier proceedings and this being a second time. The counsel, Senior Advocate, Arvind Datar, appearing on behalf of the Orissa High Court has been requested by the bench to consider for passing the direction to the concerned advocates and associations for giving up an undertaking that the advocates would not display such misdemeanour in the future. It has also been recorded by the bench in its order, that the stated affidavits which ought to have been accompanied by such an undertaking. It has been requested by the bar council of India and clarified that the contempt proceedings before the Supreme Court does not impede BCI from going ahead with its disciplinary proceedings. This being the first step that the Apex court was faced with such strikes by the lawyers in Odisha. The bench headed by Justice Justice Kaul observed earlier in 2020 and has directed the Bar Council of India and the Odisha Bar Council for taking appropriate actions against advocates who had been abstained from the court work, for the breach of their said duties and for the said obstruction of the judicial process.

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