SAMARESH BANERJEA - (1.) Does the Bar Council of West Bengal which is a Statutory Body, have the jurisdiction to call upon the Advocates on its roll to cease their work and to desist from attending Court? Would such a call if given by 4 the Bar Council be binding on an Advocate ? Can the Bar Council take steps for penalising an Advocate who chooses to ignore such call given by the Bar Council?
(2.) Such grave and important questions have come up for consideration by this Court at the instance of four practicing Learned Advocates of this Court, who in the writ petition have challenged the resolutions of the Bar Council of West Bengal dated 3rd May, 6th May, 11th May and 13th May, 1994 and the jurisdiction of the Bar Council to give such a call.
(3.) By the resolution dated 3rd May, 1994 it was resolved by the Bar Council of West Bengal, inter alia, as follows :-" This Council having considered the disturbing position of Alipore Criminal Court and the Howrah Court and having also noted the letter of the West Bengal Judicial Services Association dated 2-5-1994, it is decided that unless steps are taken by appropriate authorities for shifting the Criminal Courts of Alipore and the Magistrates' Court at Howrah now situated at the Red Building (Howrah) which is a condemned Building, to a suitable building and this Council are apprised thereof by 4 p.m. on 6th May, 1994, all Courts/ Tribunals/ Authorities including the Courts of Andaman and Nicobar Islands shall observe Cease Work from 10th to 16th May, 1994. These two items will further be considered at an emergency meeting on 6th May, 1994 at 4.30 p.m." ;