New Delhi : A three-judge bench led by Chief Justice of India D Y Chandrachud on Monday said that no striking lawyer can enter a courtroom asking advocates to vacate courtroom and also ask judge not to do judicial work and warned that the court will take a serious view of strike by Gautam Buddh Nagar bar body and manhandling of the advocates.
Last month, the apex court took note of the alleged manhandling of senior advocate Gaurav Bhatia and a lady lawyer in the Gautam Buddh Nagar district court. The bench, also comprising justices J B Pardiwala and Manoj Misra, also made clear that the court has taken a dim view of the incident and the fact that the persons responsible have not been identified till now.
Today, the apex court said: “Even if they (local bar leaders) have apologised, we will take a dim view of this… no lawyer can compel a court (judge) and lawyers to leave the court, we will take it very seriously”. The apex court also sought response from the Uttar Pradesh government after taking note of a report from the Gautam Buddh Nagar district judge, Amit Saxena, that CCTV cameras on the court’s premises were lying defunct due to lack of funds required for maintenance. The apex court has scheduled the matter for further hearing next Monday.
During the hearing, on lawyers restraining colleagues from entering courts, the CJI said protest is not strike and “you cannot enter the court and ask the lawyers ‘chalo nikal jao yaha se’ (get out of here). We will take it very seriously.”
Supreme Court Bar Association (SCBA) president Adish Aggarwala and secretary Rohit Pandey submitted before the apex court that the local bar leaders have written a letter expressing regret.
Senior advocate and former SCBA president Vikas Singh, representing Bhatia, opposed Aggrawala’s submission, saying that “no remorse or regret” has been expressed by the local bar leaders. Singh said they have also failed to identify the culprits.
On March 21, the Supreme Court issued notice to the president and secretary of the Janpad Diwani Evam Faujdari Bar Association, after considering the alleged manhandling of senior advocate Gaurav Bhatia in the Gautam Budh Nagar district court. Singh had submitted that lawyers allegedly misbehaved and snatched the collar band of Bhatia and the lawyers also informed the bench that a woman lawyer was also manhandled by the lawyers’.
The woman lawyer, who appeared before the apex court, said that she was also manhandled in a different court while appearing in a matter. The apex court was informed that lawyers’ were on strike in the Gautam Budh Nagar district court. The bench directed the district judge, Gautam Budh Nagar to ensure that the CCTV footage of the incident is in safe custody pending further orders. The bench also sought a report to be submitted on the incident.
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