SHILLONG, Oct 9: The Meghalaya High Court has issued criminal contempt notices to office-bearers and executive members of two bar associations over their boycott of judicial proceedings to demand the removal of state Advocate General Amit Kumar.
A division bench comprising Chief Justice Revati Mohite Dere and Justice H S Thangkhiew took suo motu cognisance of the matter on Thursday, observing that the boycott had disrupted the administration of justice and left litigants without legal representation across the state, except in Baghmara.
The court directed members of the Shillong Bar Association and the High Court of Meghalaya Bar Association to explain why criminal contempt proceedings should not be initiated against them. They were asked to appear in person on October 13.
The associations had called on lawyers to abstain from judicial work from October 1 until the state government removed Kumar from office. The demand followed remarks allegedly made by the Advocate General during High Court proceedings on August 3 concerning the safety of women lawyers and the protection of a woman law intern who was allegedly molested.
The bench observed that the demand for the Advocate General’s removal did not justify boycotting court proceedings and that litigants should not suffer because of such protests.
Citing the Supreme Court’s judgment in Ex-Capt. Harish Uppal vs Union of India, the court reiterated that lawyers had no right to strike or boycott judicial proceedings, even as a symbolic protest.
It warned that office-bearers of other district bar associations could also face contempt notices unless lawyers immediately resumed judicial work. The Baghmara Bar Association was excluded from the warning after declining to support the boycott.
The court also impleaded the Bar Council of India as a respondent and directed the chairman of the Bar Council of Meghalaya to appear in person on October 13 and inform it of the action taken against lawyers involved in the abstention.
