New Delhi: The Supreme Court on Monday made it clear that it will not be setting aside the contempt proceedings against the Sambalpur lawyers, who had indulged in vandalism on the court premises during their strike, demanding the formation of new benches of the Orissa High Court. However, the court clarified that their bail applications shall be considered in accordance with the law as per the facts and circumstances of each case.
The bench comprising Justice Sanjay Kishan Kaul and Justice Manoj Misra heard the matter on Monday. The court was told today that some of the arrested lawyers, including those who are aged, are inside the jail for over 50 days and they are being beaten up. "Members of the bar have made us take an extremely painful decision. The idea is you must learn to behave," the bench said.
Senior Advocate Vikas Singh appearing for the lawyers said that it's a matter of liberty to which the court said that they are in the legal profession and they are disrupting. "All of us have been part of the bar. But this is absolute lumpen ness and hooliganism that has taken place. This is the platform where you argue to get relief for litigants. It pains. This contempt will hang with you for the time being, we will not discharge anyone," said the court.
It was pointed out to the court that there are some lady advocates and old advocates as well behind the bar but that did not convince the court. It was submitted that the advocates have tendered an unconditional apology to which the court said that it's, too, early to consider the apologies and it won't be closing the proceedings. In its order, it observed that it will have to be seen whether the apologies are from the heart or merely an attempt to get out of the contempt proceedings.
"There is an old saying. You fool me once, shame on you. You fool me twice, shame on me," said the court in a lighter vein. The court said that as per the data district courts remain shut for most of the time. "Where will the litigant go?" questioned the court. The court said that the lawyers' demand of setting up additional benches does not survive in view of the virtual benches of the HC that have been set up in 10 districts.
It noted in its order that in Covid times substantial money was spent to facilitate virtual hearings for states and tribunals. In the current budget as well there has been a huge allocation for technical infrastructure and money can not be wasted and facilities need to be utilised by the advocates. The court adjourned the matter for April 17.
