New Delhi, Dec 12 (PTI) The Supreme Court on Monday asked the Odisha government to apprise it as to what steps it is going to take to ensure there is no disruption of court proceedings in the state where members of bar associations in some districts are agitating.
A bench of Justices S K Kaul and A S Oka also pulled up the state police for not taking action against the protesters who allegedly ransacked one of the district court premises on issues including the demand for establishment of a permanent bench of the state high court in western Odisha.
“If the police is unable to control it, we will send para-military forces. We will ask the Centre for it,” the bench observed, adding, “You (police) better pull up your socks”.
It asked the Odisha government to state as to what steps it is going to take to ensure court proceedings are not disrupted.
The bench, which also saw some videos of the agitation, asked the state’s Director General of Police to remain present before it on December 14 through video-conference to explain what steps have been taken to deal with the situation.
The apex court took note of the affidavit filed by the registrar general of the Orissa High Court which said despite the top court’s November 28 order, reports have been received from some district judges, including that of Sambalpur, about non-participation in court work by members of some bar associations.
On November 28, the top court had said it expects the Bar Council of India (BCI) to take appropriate action against all the executive members of different bar associations on strike, contrary to the directions of the apex court, and “logically we would expect their licences to be suspended at least till the work is resumed and further action against the members of the action committee”.
During the hearing on Monday, the bench asked why the police has not taken strict action against the agitating lawyers who have allegedly ransacked one of the district court premises.
“We will have them in custody,” the bench said, warning, “If thousands of people need to be arrested, let them be arrested”.
Advocate Sibo Sankar Mishra, appearing for the Orissa High Court, referred to the affidavit filed by the registrar general which said the district judge, Sambalpur, and other judicial officers were prevented from entering the court premises on November 30 and had to return without being able to hold court as a result of which none of the 924 cases listed there could be taken up.
“On one hand, you are making demand for a bench of the high court, and on the other hand, you are doing nothing. The litigants are the sufferers,” the bench said, adding, “You are disrupting the court proceedings”.
The bench observed a “disturbing picture” has been presented before it which will not be countenanced.
It directed the BCI to explain as to what extent the licences of the people leading the agitation have been suspended.
The apex court observed that today, with the availability of technology, access to court is not an issue.
The affidavit filed by the registrar general said the district judge, Sambalpur, by a letter dated December 7 intimated that on that day the members of the Sambalpur district bar association did not participate in the court proceedings in any of the courts and staged ‘dharna’ but the entry of judicial officers to the court premises was free.
The apex court was hearing an application filed by the registrar general of the high court which said the abstention of work by members of the bar associations in several districts has seriously hampered judicial work in subordinate courts of the state.
While hearing the matter on November 14, the bench had observed that access to justice is the very foundation of a legal system.
It had observed that the top court had passed an order in February 2020 and an undertaking was given before it that all district bar associations in Odisha will resume work on that day itself. PTI ABA ABA SK SK
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