Himachal HC seeks report from Bar Council and police against agitating lawyers

Taking up the petition for providing better accommodation for Shimla district court complex,the Himachal Pradesh High Court has ordered that holding a bandh or hartal,which has the effect of interfering with the fundamental rights of people,is illegal and impermissible.

Taking up the petition for providing better accommodation for Shimla district court complex,the Himachal Pradesh High Court has ordered that holding a bandh or hartal,which has the effect of interfering with the fundamental rights of people,is illegal and impermissible.

The court also came down heavily on agitating lawyers who are leading a street protest on the issue of shifting of the court complex . A division bench of Chief Justice Kurien Joseph and Justice VK Ahuja today directed the State Bar Council to inform the court about the action taken by it against the agitating lawyers under section 7 of the Advocates Act 1961 that lays down standards of professional conduct and etiquette for advocates and section 35 that gives powers to the State Bar Council to suo motu look into the professional or other misconduct of advocates in the state.

Referring to the call of Shimla Bar Association for a Shimla Bandh on December 10,the High Court also directed the Superintendent of Police,Shimla,to state the action taken by him against the lawyers in respect of their alleged disorderly conduct and interference with fundamental rights of people.

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The matter today came up in the court after submission of an affidavit by Chief Secretary to Himachal Pradesh government,in which the state government has said that more than Rs 25 crore has been spent on construction of the new court complex at Chakkar,wherein 21 court rooms have been provided,against 13 at the present Collectorate,and the construction cannot be normally used for any other purpose.

The government has stated that the estimated cost of its construction is Rs 37.44 crore,484 trees have been felled after obtaining requisite felling permission and the entire construction is expected to be completed by August,2011.

In todays order,the high court has asked the lawyer community to introspect whether there is any justification at this stage for agitation in respect of construction which started in April,2008.

The court also ruled that it is illegal and unethical for lawyers to abstain from their duty to attend the Court.

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