Call for boycott of courts by Bar Associations amounts to Criminal Contempt of Court.

S. Basavaraj, Member, Karnataka State Bar Council

Advocates boycotting courts hurts no one except their own clients. Bar Associations call for boycott of courts for reasons which are not fully justifiable. We abstain from courts and cause immense damage to our clients who would’ve traveled many miles leaving their business or agricultural work to give evidence. Boycotting courts will not serve any purpose whatsoever.

Members of the Bar can convey their strongest protest in better ways. Symbolic protest by leaders of the Bar would convey the message more effectively.

In this regard please the order of the Karnataka High Court in Criminal Contempt of Court case number 8 of 2021 which is self explanatory.

12:3:2021. This is a suo motu proceeding for criminal contempt on account of the alleged breach of directions issued by the Apex Court in the case of Ex.Capt.Harish Uppal .v. Union of India and Others . There are a large number of instances in the recent past where Bar Associations in Districts and/or Taluks have taken recourse to boycotting the Courts. Notwithstanding the pronouncement of law by the Apex Court in the case of Ex.Capt.Harish Uppal (supra) and in the case of Krishnakant Tamrakar .v. State of Madhya Pradesh , the members of some of the Bar Associations have taken recourse to boycotting the Courts.

2. Due to the pandemic, arrears in all the Courts have multiplied. Moreover, there is a direction issued on the administrative side to dispose of all old cases in a time bound manner. As noted in the order dated 11th February, 2021, the object of initiating suo motu contempt proceedings against the Bar Associations is not to penalize anyone, but to ensure that the law laid down by the Apex Court is respected and implemented by the members of the Bar.

3. There cannot be any dispute that the members of the Bar are the most important stake holders in the judicial system. The system can function efficiently only with their co-operation. It is the duty of the Judges and the members of the Bar to make all possible efforts to achieve the object for which the institution of the Judiciary exists. The said object is to render expeditious and effective justice to the common man. The members of the Bar have a right to make protest. But, there are other methods of making a protest. By taking recourse to abstaining from the Court work, the litigants suffer.

4. We issue notice to the accused returnable on 12th April, 2021.

5. It will be appropriate if the learned Advocate General appears and assists the Court. We are seeking the assistance of the learned Advocate General as he is the leader of the Bar by virtue of his constitutional position.

6. The Registrar (Judicial) will forward copies of the contempt petition and a copy of this order to the learned Advocate General to enable him to appear and assist the Court. Needless to add that during the pendency of this petition, it will be always open for the learned Advocate General to hold meetings with the concerned Bar Associations with a view to persuade them to give an assurance to abide by the law laid down by the Apex Court.

12:4:2021. 1. Shri H.Pavan Chandra Shetty, the learned counsel representing the respondents states that the respondents will tender an apology and give an undertaking not to violate the law laid down by the Apex Court. He states that Shri H.V.Vishal Raghu, the learned Member of the Karnataka Bar Council is personally present in the Court and he has taken the initiative to explain to the members of the Bar, the correct legal position.

2. We have also shown the report dated 9th April 2021 submitted by the Principal District and Sessions Judge, Mandya addressed to the Registrar General of this Court to the learned counsel representing the office bearers of the Bar Association at Mandya.

3. The learned Advocate General rightly submitted that if the members of the Bar who are the respondents in the contempt petitions tender apology and agree to abide by the law, the proceedings can be dropped. In fact, paragraph 2 of the order dated 12th March 2021 itself records that the purpose of initiating the suo motu contempt proceedings against the office bearers of the Bar Associations was not to penalise anyone but, to ensure that the law laid down by the Apex Court is respected and implemented by the members of the Bar.

4. The learned counsel representing the members of the Bar from Mandya states that the members of the Bar have been active and they have always taken up the public causes. While everyone will appreciate the proactive role played by the members of the Bar for helping the society at large, it is their duty to ensure that the functioning of the Court is not affected in any manner. If the functioning of the Court is affected, it is the common man who suffers.

5. To enable the learned counsel for the respondents to file the statements on oath, these petitions shall be listed under the caption of Orders on 22nd April 2021 at 10.30 a.m.

7:6:2021. Only the tenth respondent/tenth accused is represented by an advocate. He states that the tenth accused will file an affidavit.

The first accused is present along with certain other accused through video conferencing. As of today, he is not in a position to take a clear stand whether he wants to justify the conduct on the basis of which the present proceedings have been initiated. He, however, states that due to lockdown, he and other accused could not come down to Bengaluru and therefore, they may be granted time to file statement of objections.

Only because a prayer is made for adjournment on the ground that the accused want to take legal advice that we finally grant time to all the accused to file statement of objections till 20th July 2021.

List the petition on 22nd July 2021