The Supreme Court on Friday stated that it will consider listing a plea challenging the ongoing contempt proceedings against the chairperson of the state Bar Council and others before the Madhya Pradesh High Court for allegedly issuing a strike call.
The Bench
CJI D Y Chandrachud along with Justices J B Pardiwala and Manoj Misra took cognizance of senior advocate Vivek Tankha’s submissions, representing the MP State Bar Council chairperson and other bar leaders, emphasizing that numerous bar leaders are facing contempt proceedings and the matter necessitates urgent attention. “Not only the State Bar Council chairman, but 103 bar associations also are facing contempt proceedings. The matter is urgent,” Tankha asserted.
“I will see,” the CJI responded.
Madhya Pradesh High Court
The Madhya Pradesh High Court has initiated a contempt case against the State Bar Council chairperson and its elected members over the persistent strike of lawyers in the state.
Instead of resolving the issue, the State Bar Council opted for a confrontational approach without reasonable cause, the high court had stated.
The MP State Bar Council chairperson lodged an appeal against the high court’s interim order of November 2, 2023.
Plea
“In a nutshell, the case of the Petitioners is that Contempt Proceedings were initiated against them for calling a strike and asking all lawyers to abstain from work from March 23, 2023 against a circular issued by the High Court which had caused mass unrest in the State of Madhya Pradesh. Against this action, the High Court initiated Suo Motu proceedings…, leading to multiple contempt proceedings against the Chairman and other office bearers of State Bar Council of Madhya Pradesh and against individual lawyers for abstaining from court proceedings,” the letter of urgency, filed through lawyer Sumeer Sodhi, stated.
It mentioned that the matter was resolved, and the strike was called off on March 29, 2023, following the intervention of the top court. Subsequently, the circular, which prompted the strike, was also amended. The bar leaders tendered an “unconditional and unqualified bona fide apology” before the High Court on November 2, 2023, it noted.
“However, the High Court, while issuing the impugned Order, accepted the apology tendered by individual lawyers and dismissed contempt proceedings against them, but did not accept the apology tendered on behalf of the Chairman State Bar Council of Madhya Pradesh and its office bearers. Consequently, criminal contempt proceedings against them were continued,” the letter highlighted.
