Lawyers’ strike: HC initiates contempt proceedings against office bearers of Kanpur Nagar bar associations

PRAYAGRAJ A bench of seven judges of the Allahabad high court — led by Chief Justice Pritinker Diwaker — has initiated contempt proceedings against office bearers of the Kanpur Bar Association and Lawyers’ Association, Kanpur Nagar, for going on an indefinite strike, ‘paralysing the judicial work in district court’.

During the hearing of the case when the bench asked a few questions to the president of Kanpur bar association regarding his conduct and that of the lawyers on strike, he along with other office bearers of the bar associations said that they are even willing to go to jail. Subsequently, the bench — comprising Chief Justice Pritinker Diwaker and Justices Sunita Agarwal, Surya Prakash Kesarwani, Manoj Kumar Gupta, Anjani Kumar Mishra, KJ Thaker, MC Tripathi — observed, “You the noticees, (mentioning the names of office bearers of both the bar associations of Kanpur Nagar) by your conduct, have wilfully and deliberately committed the contempt of court by interfering in the administration of justice, calling illegal strike since 16.3.2023 and thereby, paralysing the judicial work at the District Judgeship at Kanpur Nagar.”

When the bench asked Naresh Chandra Tripathi, president of Kanpur Bar Association, why the strike has not been called off, he did not give a satisfactory response, the court observed, “When certain questions were put to the president regarding his conduct and the conduct of the lawyers on strike, he submits that he is willing to go to jail. The views expressed by the President, Kanpur Bar Association, have been duly endorsed and supported by the other office bearers present in the court. The other office bearers, present in the court — Sri Anup Kumar Shukla and Sri Ajay Pratap Singh Chauhan — submit that the strike has been called by the General Body and any further decision can only be taken by it.”

The court also took notice of a video of strike and observed, “The video recording of the strike, as made available by the District Judge, shows that the agitating lawyers indulged in slogan shouting, using abusive and derogatory language against the entire district judiciary, including the District Judge.” It added, “In view of the above, we find that the aforesaid noticees and the other office bearers, present in the court today, prima facie, are in deliberate and wilful contempt of this court by interfering in the administration of justice, calling illegal strike since 16.3.2023 and thereby, paralysing the judicial work in the district judgeship at Kanpur Nagar and they have made themselves liable to face contempt proceedings.”

Concluding it’s seven-page order, the court said, “Office to register the proceedings of contempt as a separate case and obtain orders from the Hon’ble Chief Justice on the administrative side, for its listing before the appropriate Bench. The aforesaid noticees and the other office bearers are to file their reply/defence.”

This hearing took place on April 7 while the order was made public on Saturday. Earlier, the seven-judge bench on April 6 had issued notices to office bearers of both the bar associations.