4 min readLucknowApr 7, 2023 02:29 AM IST
First published on: Apr 7, 2023 at 01:03 AM IST
Taking a serious note of the ongoing strike by lawyers at the Kanpur district court, a seven-judge bench of the Allahabad High Court on Thursday issued a notice summoning office-bearers of the Kanpur Bar Association and the Kanpur Lawyers’ Association to appear in the court in Friday.
The protesting lawyers are demanding the transfer of District and Sessions Judge Sandeep Jain, accusing him of using improper language among other things.
The High Court bench headed by the Chief Justice Pritinker Diwaker, as an interim measure, directed that “the lawyers shall resume their work forthwith and to purge the contempt and in case, any hindrance is created by any of the lawyers or office-bearers, it would be viewed seriously”.
The order was passed by the bench while hearing a public interest litigation (PIL). Besides Chief Justice Diwaker, the bench comprised Justices Sunita Agarwal, Surya Prakash Kesarwani, Manoj Kumar Gupta, Anjani Kumar Mishra, Kaushal Jayendra Thaker and Mahesh Chandra Tripathi.
“In the given facts and circumstances of the case, we feel it appropriate to issue notices to Sri Naresh Chandra Tripathi, President, Kanpur Bar Association, Sri Anurag Srivastava, General Secretary, Kanpur Bar Association, Sri Ravindra Sharma, President, the Lawyers’ Association, Kanpur Nagar and Sri Sharad Kumar Shukla, General Secretary, the Lawyers’ Association, Kanpur Nagar,” said the court. The HC has directed them to be present in court on Friday at 10 am.
Kanpur Bar Association president Naresh Chandra Tripathi said, “District Judge Sandeep Jain uses improper language and the lawyers are fed up of his corruption. At a meeting with all lawyers of the Associations, a decision was taken that we will be on strike till the judge is transferred.”
A lawyer who did not wish to be identified, however, said that District Judge Jain “is very specific about courtroom decorum and hence, most lawyers have a problem with him. “He is specific about language and legalities. He has taken some lawyers to task and, therefore, many are against him,” said the lawyer.
The HC bench observed that members of the Kanpur Bar Association and the Kanpur Lawyers’ Association were initially boycotting the court of the District and Sessions Judge only but since March 25 have been boycotting all courts, hampering the entire judicial work.
The order further said that “on administrative side, the Chief Justice and the Administrative Judges of Kanpur Nagar held meetings separately as well as jointly with the president and the general secretary of Kanpur Bar Association, Kanpur Nagar and tried to resolve the issue”. It said that the president and the general secretary of the Kanpur Bar Association had given assurance to call off the strike and resume their work, but they have deviated from their assurance and are now threatening to spread the strike to the entire district.
State Advocate General Ajay Kumar Misra, who was present in the HC, submitted that the “strike cannot be supported in any manner and the lawyers are supposed to work in the court”. He gave assurance to the court that “all sorts of assistance would be provided to the lawyers and the judges for dispensation of justice”.
He further told the court that “that the strike by lawyers is not only illegal and unethical, but it also causes great hindrance in dispensation of justice”.
The court has also requested the Uttar Pradesh Bar Council chairman to assist the court and to remain present at 10am on Friday.