The Supreme Court on Thursday decided to wait for the report of the Bar Council of India (BCI) on the possible disciplinary action to be taken against the lawyers who obstructed filing of chargesheet by police in the Kathua rape and murder incident involving an eight-year old tribal girl.
Taking serious view of the strike call given by the Jammu High Court Bar Association and the action of local lawyers to obstruct filing of chargesheet in the case before the Kathua Magistrate court, the Bench headed by Chief Justice Dipak Misra had last week summoned the office bearers of Kathua District Bar Association, Jammu High Court Bar Association and State Bar Council.
The Bench, also comprising Justices AM Khanwilkar and DY Chandrachud, was informed by the lawyers appearing on behalf of the State bar bodies that strike was called off on April 12, a day before the apex court took suo motu cognisance of the conduct of lawyers. The Jammu HC Bar Association represented by senior advocate Vikas Singh submitted that his client expressed solidarity with the local lawyers only on the demand for CBI probe and will be the last to support the obstructionist behaviour shown by the lawyers in Kathua.
Pained at what transpired in the State, the Bench said, “The concept of discipline among members of Bar requires them to keep the rule of law at the highest pedestal. We are only concerned with ensuring a fair trial and protecting the victims.” Bar Council of India Chairman Manan Kumar Mishra informed the Bench that a fact-finding team headed by a retired High Court judge visited Kathua and is in the process of drafting its report on initiating possible disciplinary action. This report is expected to be finalized in the next three days, he added.
Taking this statement on record, the Bench directed the matter to be listed on April 26 even as it reminded the Bar, “Right to practice does not mean to go on strike and create impediment in dispensation of justice.” The court allowed all bar associations represented in the case to file their response explaining their conduct by next date.