The Madhya Pradesh High Court (MPHC) in its order on Monday termed the advocates’ strike as an act of violation of the dictum of the Supreme Court.
The Principal Seat of the MPHC while hearing a petition of SP Anand over the ongoing strike by the advocates of the MPHC in Jabalpur and District Courts of Jabalpur said in its order that the advocates abstained from court work presumably because of the Resolution by the Madhya Pradesh High Court Bar Association on April 24 this year. This act is in violation of the court.
Prima facie the non-appearance of the advocates in this case constitutes professional misconduct, the court said in its order.
The court therefore issued show cause notice to the advocates for having abstained Court work pursuant to the decision of the Bar to show why appropriate action should not be taken them including of imposing cost.
The petitioner in his application filed brought to the notice of this Court the action of the High Court Bar Association, Jabalpur and the District Bar Association, Jabalpur in the matter of calling a one day token strike and boycott of Courts on Monday, Petitioners submit that the agitations, the grievances of the District Bar Association in the matter does not fall in the exception to the general role as indicated by the Supreme Court in a particular case. The action is contrary to the dictum of the Supreme Court as indicated in para 35 of the judgment in the case of Ex-Captain Harish Uppal (supra). Petitioner also point out that this Court has already taken cognizance of the original prayer made in this writ petition and in spite of notice again a call for strike is given.
Anand further pointed that he was one of the petitioner in the decision rendered by the Supreme Court and his petition was heard and decided as Writ Petition (Civil) Mo.394/1993 which form part of the order passed by the Supreme Court in the case of Ex-Capt. Harish Uppal (supra).