Debangana Ray
Published on June 25, 2022 at 17:26 IST
The Allahabad High Court recently took a poor view of Bar members abstaining from judicial work, and the bar association is not established to obstruct the court’s function and interfere with the discharge of sovereign functions.
Justice JJ Munir stated in his order,
“This conduct of the Bar is not only reprehensible, but also downright illegal. The Bar Association is, after all, a registered society and cannot hold up the functioning of a Sovereign Court by their resolutions.
Whatever they do, they do it at the peril of the litigants whose interest their Members represent…”
The observation was made while deliberating on a trial court order which had refused to recall its order in a partition suit.
The Trial Court had passed the order since the defendant was attempting to delay the suit. The revisional court also had upheld the orders of the trial court.
The High Court expressed disappointment on finding that the case was adjourned numerous times on account of members of the bar abstaining from Judicial work for various reasons.
The Court stated that the associations should not interfere with the discharge of a court’s sovereign functions.
The Court stated that “It is beyond imagination that the work of a Court would be brought to a grinding halt, because the elections of a registered society are to be held.“
The court said that the bar association was no more than a registered society established for the welfare of its members and to positively contribute to the functioning of its individual members.
The judge after looking into the order sheet concluded that there has been determined efforts to delay the trial and that the defendant had been given enough opportunity by the trial court.
Therefore, the Supreme Court also upheld the order of the trial court and the Plea was dismissed.
