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Continuous Strike And Cessation of Courts Work: Orissa HC Issues Notice On Contempt Proceedings Against Bar Associations Across The State[Read Order]

Akshita Saxena
15 Oct 2019 4:47 AM GMT
Continuous Strike And Cessation of Courts Work: Orissa HC Issues Notice On Contempt Proceedings Against Bar Associations Across The State[Read Order]

The Full Court has issued notices to State Govt. of Orissa, Orissa High Court Bar Association,Various Bar Associations, Orissa Bar Council and Bar Council of India and has posted the matter to October 21 for further hearing.

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The full court of the Orissa High Court took suo motu cognizance of continuous strike and cessation of Courts work by the Bar Members in some parts of the State including the High Court, whereby the Associations had decided to abstain from work as a sign of protest against recent resolution of the Supreme Court Collegium and the Orissa High Court Collegium.

The contempt notice read as follows;

"In view of continuous strike and cessation of Courts work by the Bar Members in some parts of the State including the High Court thereby obstructing the administration of justice and in view of the number of decisions of the Supreme Court on this issue, the matter is required to be considered in judicial side."

The Bar Association had resorted to strike after a General Body Meeting of the Association convened yesterday, wherein the members unanimously "condemned" the recent resolution and the attitude of the Supreme Court Collegium and the Orissa High Court Collegium. The resolution read,

"All the members of Orissa High Court Bar Association will abstain from Court work from 2.00 P.M. (after lunch) on 14.10.2019 to show their protest against the decision of the Hon'ble Supreme Court Collegium as well as High Court of Orissa Collegium."

The members had also resolved therein to enter into an "All Odisha strike", the date for which will be decided by the Action Committee in the next general body meeting, scheduled to be held on October 16.

The court has issued notices to State Govt. of Orissa, Orissa High Court Bar Association, Various District Bar Associations, Orissa Bar Council and Bar Council of India and has posted the matter to October 21 for further hearing.

The court has also asked the contemnors why steps should not be taken against them for violation of the guidelines framed by the Apex Court in Ex-Capt. Harish Uppal v. Union of India & Anr., (2003) 2 SCC 45.

In a recent meeting by High Court Bar Association the members also resolved to:

1. Demand abolition of Collegium system and introduction of NJAC for appointment of judges;

2. Establish an "Action Committee" by October 15 to launch a nation-wide movement against the Collegium system;

3. Hold state level as well as national level press conferences to ventilate their grievance and voice their demand for introduction of NJAC; and

4. Send a delegation of the Association to the PM and the Union Law Minister to apprise them of the situation and seek their interference in the matter.

5. Send a delegation of the Association to the PM and the Union Law Minister to apprise them of the situation and seek their interference in the matter. 

[Note: This report including the headline was updated many times after the first report was published]

Read the Order

Click here to download the Resolution


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