New Delhi, Dec 13 (UNI) The Supreme Court on Friday refused to take back the contempt notice against the lawyers of Punjab and Haryana High Court Bar Association, who, despite Court orders to withdraw strike went ahead with halting the Court proceedings and putting the public into inconvenience.
A Bench comprising Justice Abhay Oka and Justice Pankaj Mithal was hearing a plea involving issuance of contempt notice to Punjab and Haryana High Court Bar association due to lawyers abstaining from work in July 2024.
The Bar Association filed an undertaking that they will not go on strike in future.
Justice Oka said said, ‘those who play with litigants must be dealt with firm hands.”
This must stop. Everyday in the Punjab and Haryana High Court, 5000 to 7000 cases are there.
Justice Oka said, we have seen the undertaking.
We want to now see the resolution of the bar association.
It appears that some of the members have opposed to giving undertaking so we will issue contempt notice to them, the Top Court said.
Counsel from Punjab and Haryana High Court Bar Association said that they didn’t say that they were opposed.
They said that to put it before the general council.
Justice Oka said, ultimately the decision was to give an undertaking to abide by law laid down by the courts.
Even to that some members have opposed obviously they are in contempt, the court said.
We can’t understand a bar member saying that this executive committee should go to the general council.This is their conduct.These are the people who will again go to strike.We will not leave them like this, the court said.Surprised to know that somebody has opposed this, the court said.
The court then passed the order, “Perused the undertaking filed by the acting president Shri Jasdev Singh Brar.
The undertaking is based on majority decision in the meeting of the executive committee held on December 9, 2024. It appears that some of the members of the executive committee opposed the resolution for tendering and unconditional undertaking to abide by the decision of this court in the case of Ex Captain Harish Uppal v. Union of India (2003) 2 SCC 45.
The Court said, “We make it clear that unless the members of the executive committee who oppose the resolution give similar undertaking before the court, we will not close the issue of contempt.
We direct the acting president to supply a copy of this order to those members of the executive committee who opposed the resolution.
We also direct the acting president to place their names and addresses on the record on the next date.
We direct the acting President to place on record the resolution dated December 9, 2024. The court Listed the matter for hearing on December 20.
The Apex Court said, “Prima facie it appears to us that opposing the resolution proposed itself indicates that the concerned members have no respect and no regard for the law laid down by this court.
The Court warned, Now as we did in the case of Odisha the moment the bar goes on boycott we should transfer the cases from that court to the adjacent state. That’s the only way.
Justice Oka said 75 years of existence of Constitution and the lawyers have gone on strike. This is the third of fourth contempt notice we are continuing to issue to the members of the bar.
‘If High Court lawyers are doing this what others must be doing’.
