‘No Hope For HC Bench’: SC Rejects Resolution To Suspend Stir, Condemns Lawyers’ Conduct

New Delhi: The Supreme Court on Wednesday rejected the resolution of Central Action Committee (CAC) of all bar associations of western Odisha to suspend the stir over the demand for an HC bench in Sambalpur.

“We reject the resolution. The committee would have to call off the strike unconditionally and inform other non-lawyer actors.  There is no hope for the formation of a Bench. Even if there was a remote possibility, it is lost now with their conduct,” a two-judge bench of Justices SK Kaul and Abhay S Oka said.

The SC also strongly condemn the endeavour of the striking lawyers to browbeat the AG/members of the Bar Council of India/state bar council, including burning of the effigy.

The lawyers demanding a permanent Bench of the state high court in western Odisha allegedly ransacked one of the district court premises.

The apex court observed that the demand for setting up benches is not only from Sambalpur. “This seems to have become a prestige issue. There’s no question of setting up benches elsewhere. There are counter demands of Bhubaneswar Bar Association that the HC be shifted to Bhubaneshwar. Cuttack Bar opposes. The shifting or creation of HC benches cannot be done by such whimsical demands. We are putting this in the order to foreclose the issue.”

It further said that the passage of time and the use of technology has made the parameters, in a sense, obsolete. “The use of technology is quite widespread now and monitored by the Orissa HC. Therefore, there is no need for an additional bench.”

Since one can appear and file in HC from any district court in Odisha due to technological advancement, the SC said that one room at these courts can function for VC. “The operationalisation would be in 3 months,” it said.

The top court further rapped the Odisha Police over the handling of the situation. “The police should have effected preventive arrest and such people should remain in custody for some time at least. It is the police’s job to control law and order. They don’t need any directions from us. Complete peace and functionality of the court have to be maintained. Lawyers who are willing to attend should be able to do so.”

“We have put the burden on police authorities to treat criminals like criminals. There shall be no mollycoddling of lawyers. FIRs must be registered. We have indicated that their ability to control the situation would be closely watched by us.”

The SC further said that all the office bearers of the Bar Association who participated and induced violence will be issued contempt notices.

The BCI has also submitted a report in a sealed cover. 43 Lawyers have been suspended and it is an ongoing process, it added.