Calcutta HC Bar Association Passes Resolution To Abstain From Boycotting Acting Chief Justice Rajesh Bindal's Courtroom

The Bar Association of the Calcutta High Court on Wednesday held a General Body meeting in order to address the grievances of a section of lawyers who have decided to boycott the courtroom of Acting Chief Justice Rajesh Bindal citing alleged transgressions in his administrative duties. The lawyers were aggrieved by the decision of the Chief Justice to delist a case from Justice Sabyasachi Bhattacharyya and reassign it to a Division Bench. The General Body meeting was presided over by Acting President of the Bar Association Ajay Choubey. 

On July 19, Justice Bhattacharyya had issued a strongly worded order objecting to such a transfer of case by the Acting Chief Justice. Justice Bhattacharyya had remarked in his order, "I was amazed when my officer, as per my instruction, next intimated me that the RG had been directed to call for the records, to be allocated before a Division Bench, despite my judicial order dated July 16, 2021, on the instruction of the Hon'ble the Acting Chief Justice of this court". Such a transfer was in violation of the  Appellate Side Rules of the Calcutta High Court as Division Benches cannot adjudicate upon civil revisional applications, the judge had stated. 

Further, Justice Bhattacharya had noted with anguish that while the Acting Chief Justice is the master of roster, he is not the master of "all I survey" and the power cannot be exercised at his whims and fancies. In the an earlier order dated July 16, the judge had also highlighted the unfortunate state of affairs pertaining to the conduct of virtual court proceedings at the High Court. Accordingly, show cause notice was issued to the concerned authorities of the High Court administration. 

Taking cognizance of the grievances raised, certain members of the Bar Association had made representation to the Acting Chief Justice as well as the Judges Committee on July 22. Consequently, a meeting had also taken place on July 26 between the Judges Committee and senior members of the Bar Association in this regard. 

The resolution on Wednesday observed that the grievances raised by the aggrieved lawyers were being considered. 

"Many of them expressed the view that in as much as most of the requests made on behalf of the Executive Committee, Bar Association High Court at Calcutta in their presentation dated 22.7.2021 have been accepted and the office bearers of the Bar Association have been assured that the other two points of the representation viz the request to review and revisit the decision in connection with transfer of Civil Revision Case under Article 227 of the Constitution, as per the Appellate Side Rules of the High Court at Calcutta and the request that the administrative order/directions pertaining to the issues of Administration of the Hon'ble Court may not be made part of Judicial order, are being considered by the Hon'ble Judges Committee, the situation may be reviewed after few days", the resolution read. 

Further the resolution noted that members of the Bar must not abstain from participating in the judicial proceedings of any Court and that the three wings of the Bar along with their respective senior members should take proactive steps in resolving the issues amicably for the benefit of the litigants at large. 

Accordingly, the Bar Association resolved to review the situation after 15 days and subsequently hold another General Body meeting if required. 

Click Here To Read/Download Resolution