Supreme Court
Case Details
Acts & Sections
Cited in this judgment
"3. Since a new Governing Body of the Bar Association has now been constituted, the said Governing Body shall take over the affairs of the Bar Association in accordance with Rules and Policies. However, the newly elected office bearers shall be bound by the undertaking given by the previous office bearers to the effect that the Bar Association shall not pass any resolution and shall not endorse any resolution to abstain from work and shall not resort to any 'strike' on the Court working days. In case any such incident happens, the High Court is requested to take suo moto cognizance and initiate penal action against the entire Governing Body of the Bar. The High Court, through the Portfolio Judge, will take most stringent action, that may include removal of the elected office bearers.
9.The directions issued hereinabove to the newly elected office bearers of the Bar Association of Faizabad restraining them not to pass any resolution for abstaining from work or declaring strike on a working day, shall apply mutatis mutandis to all the District Bar Associations in the State of Uttar Pradesh. The Chief Justice of the High Court is requested to constitute a Committee of at least three Judges to monitor the situation, and wherever it is found that a Bar Association is in defiance of these directions, a swift action for removal of the elected office bearers be taken forthwith. No leniency or discretion in this regard shall be exercised by the High Court Committee. The directions contained in paragraphs 3 and 8 above are being issued invoking our powers under Article 142 of the Constitution so as to do complete justice to the Consumers of Justice." In the circumstances, the Bar Association Jaunpur concerned, including all its office bearers, who appear in the Consolidation and Revenue Courts in District Jaunpur, are restrained from passing any resolution abstaining from judicial work on any ground, including any condolence resolutions. They will function and permit their members to function regularly unhindered by any obstructive resolutions. It is further directed that the learned counsel appearing in Appeal No.4656 of 2023, Rajdev and others vs. Shobhnath and others, pending before the Settlement Officer of Consolidation, Jaunpur shall appear on a regular basis before the Court and assist the Court on all dates fixed ignoring any resolution of the Bar of which they are members asking them to abstain from judicial work. Else, the learned counsel appearing in this case shall be personally answerable to this Court. The Settlement Officer of Consolidation, Jaunpur shall proceed with Appeal No. 4656 of 2023-24 fixing at least two dates of hearing every week and shall submit a report to this Court on or before 31.01.2025 about the status of the case. Lay as fresh on 31.01.2025. Let this order be communicated to the office bearers of the Bar Association at Jaunpur concerned, whose members appear before the Revenue and Consolidation Courts at Jaunpur through the Collector/District Deputy Director of Consolidation, Jaunpur forthwith and to the Settlement Officer of Consolidation, Jaunpur. This order shall be communicated to the Collector/District Deputy Director of Consolidation, Jaunpur and the Settlement Officer of Consolidation, Jaunpur by the Registrar (Compliance) through the Chief Judicial Magistrate, Jaunpur forthwith. Order Date :- 10.1.2025 Brijesh Maurya
"3. Since a new Governing Body of the Bar Association has now been constituted, the said Governing Body shall take over the affairs of the Bar Association in accordance with Rules and Policies. However, the newly elected office bearers shall be bound by the undertaking given by the previous office bearers to the effect that the Bar Association shall not pass any resolution and shall not endorse any resolution to abstain from work and shall not resort to any 'strike' on the Court working days. In case any such incident happens, the High Court is requested to take suo moto cognizance and initiate penal action against the entire Governing Body of the Bar. The High Court, through the Portfolio Judge, will take most stringent action, that may include removal of the elected office bearers.
9.The directions issued hereinabove to the newly elected office bearers of the Bar Association of Faizabad restraining them not to pass any resolution for abstaining from work or declaring strike on a working day, shall apply mutatis mutandis to all the District Bar Associations in the State of Uttar Pradesh. The Chief Justice of the High Court is requested to constitute a Committee of at least three Judges to monitor the situation, and wherever it is found that a Bar Association is in defiance of these directions, a swift action for removal of the elected office bearers be taken forthwith. No leniency or discretion in this regard shall be exercised by the High Court Committee. The directions contained in paragraphs 3 and 8 above are being issued invoking our powers under Article 142 of the Constitution so as to do complete justice to the Consumers of Justice." In the circumstances, the Bar Association Jaunpur concerned, including all its office bearers, who appear in the Consolidation and Revenue Courts in District Jaunpur, are restrained from passing any resolution abstaining from judicial work on any ground, including any condolence resolutions. They will function and permit their members to function regularly unhindered by any obstructive resolutions. It is further directed that the learned counsel appearing in Appeal No.4656 of 2023, Rajdev and others vs. Shobhnath and others, pending before the Settlement Officer of Consolidation, Jaunpur shall appear on a regular basis before the Court and assist the Court on all dates fixed ignoring any resolution of the Bar of which they are members asking them to abstain from judicial work. Else, the learned counsel appearing in this case shall be personally answerable to this Court. The Settlement Officer of Consolidation, Jaunpur shall proceed with Appeal No. 4656 of 2023-24 fixing at least two dates of hearing every week and shall submit a report to this Court on or before 31.01.2025 about the status of the case. Lay as fresh on 31.01.2025. Let this order be communicated to the office bearers of the Bar Association at Jaunpur concerned, whose members appear before the Revenue and Consolidation Courts at Jaunpur through the Collector/District Deputy Director of Consolidation, Jaunpur forthwith and to the Settlement Officer of Consolidation, Jaunpur. This order shall be communicated to the Collector/District Deputy Director of Consolidation, Jaunpur and the Settlement Officer of Consolidation, Jaunpur by the Registrar (Compliance) through the Chief Judicial Magistrate, Jaunpur forthwith. Order Date :- 10.1.2025 Brijesh Maurya