JAHAR SAHA @ JAHAR ALI Vs. STATE OF WEST BENGAL
LAWS(CAL)-2020-1-103
HIGH COURT OF CALCUTTA
Decided on January 09,2020

Jahar Saha @ Jahar Ali Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

SUVRA GHOSH,J. - (1.) A spine chilling picture is revealed from the report which is filed before us by the Superintendent of Police Paschim Medinipur. Pursuant to our earlier order dated 24.12.2019 we had directed him to enquire into the allegation of obstruction held out by striking lawyers in the smooth functioning of Medinipur Sadar Court. From the report, it appears on and from 20th December, 2019 the striking lawyers had obstructed access to the court premises to all, including judges, police officers, staff and willing litigants. As a result, original case records were not produced before this Court. In this regard, police registered Kotwali Police Station Case No.809/19 dated 25.12.2019 under Sections 143/186 of the Indian Penal Code against the striking lawyers. It appears from the report although such obstruction has presently been lifted, the cease work in the said court is still continuing.
(2.) 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. Not only did the lawyers refrain from participating in court proceedings, but in the most brazen and blatant manner they had locked the entire court premises preventing judges, police officers, staff of the court and litigants from entering the court precincts. In our earlier order dated 24.12.2019, for reasons recorded therein, we had observed that the conduct of the striking lawyers not only amounts to criminal contempt but constitutes cognizable offences in law. In fact, FIR has been registered against the said lawyers. Report placed before us discloses sufficient materials to take a prima facie view that the conduct of the striking lawyers amounts to interference with administration of justice and has resulted in complete paralysis in the dispensation of justice in the said district.
(3.) Under such circumstances, we direct the Presidents and Secretaries of the concerned Bar Associations, namely, Medinipur Bar Association and Midnapur District Bar Association, that is Mr. Alok Mondal (President, Medinipur Bar Association), Mr. Mrinal Chowdhury (Secretary, Medinipur Bar Association), Mr. Arup Verma (President, Midnapur District Bar Association) and Mr. Biswanath Ghosh (Secretary, Midnapur District Bar Association) 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, Hussain and Anr. Vs. Union of India (2017) 5 SCC 702 and Krishnakant Tamrakar Vs. State of M.P. (2018) 17 SCC 27.;


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