Work Suspension On Demise Of Ex-PM Manmohan Singh : Allahabad HC Issues Show Cause Notice To Bar Association

A bench of Justice JJ Munir issued notices to the Secretary and the President of the Bar Association to show cause by their affidavits as to why this matter should not be directed to be laid before the Bench hearing criminal contempt matters after registering a separate case.

“Prima facie, the President and the Secretary, who have passed the condolence resolution dated 27.12.2024 resolving that members of the Association would abstain from judicial work are answerable for violating the orders of the Supreme Court forbidding any action by Association of lawyers asking their members to abstain from their duties in Court,” the Court observed in its order.

For context, the single judge passed this order while taking into account the recent ruling of the Supreme Court in the case of Faizabad Bar Association vs. Bar Council of Uttar Pradesh & others, as well as orders of the Allahabad High Court wherein the Bar Associations of the State were strictly warned against passing any resolution or endorsing any resolution to abstain from work.

In fact, the Supreme Court, in December last year, asked the HC to take suo moto cognisance of the strikes and initiate penal action against the entire Governing Body of the Bar.

The High Court in August last year directed that any act of an individual lawyer of the state or their association to go on strike to give a call for strike or to abstain from work on account of condolence due to the death of a lawyer/officer/employee of the court or their relatives would be treated as an ex-facie act of criminal contempt.

The HC was essentially dealing with a writ plea moved against an order passed by the Deputy Director of Consolidation, Amroha, in which the petitioner's Chak was removed from the site where it was abutting her husband's Chak.

On the other hand, vide impugned order, she was given a Chak, which allegedly deprived her of her original holding.

Issuing notices to Respondents 1 to 13, the court suspended the order impugned till the next date of listing. The court also directed that till February 7, 2025, the petitioner shall not be dispossessed from the land in dispute.