The Supreme Court on Thursday restrained the Orissa High Court Bar Association and other connected Associations from going on strike and directed it to resume court work.
It may be noted here that the Orissa High Court has been witnessing an unprecedented cease work by lawyers since last 27 days over a case of alleged assault of a lawyer by policemen at Cuttack.
The police has arrested two persons including a havildar in connection with the incident but the lawyers continued to protest.
The Supreme Court order on Thursday was by a bench comprising Chief Justice Dipak Mishra, Justice A.M. Khanwilkar Justice D.Y. Chandrachud.
While restraining the Bar association from strike and asking it to resume court work, the court said no impediment should be caused in the right of access to justice of any litigant and likes of the petitioner can file appropriate application before the High Court to protect their liberty and agitate their grievances.
It directed issuance of a copy of the order to the Registrar General of the Orissa High Court, who in turn, shall send it to the President, Vice- President, Secretary and others members of the executive body of the Orissa High Court Bar Association and other Bar Associations.
With regards to the ‘rift’ between certain police officer and lawyers as submitted by the counsel for the state, the Supreme Court asked the Director General of Police, Orissa to transfer the investigation to the Inspector General of Police (Crime Branch) who shall himself investigate with the assistance of Superintendent of Police. “However, the entire investigation shall be within the charge of the Inspector General of Police and we are sure, he shall conduct the investigation with all sincerity, concern and objectivity” it stated.
The matter came up with Mr V Shekhar, counsel for Abhijit Iyer Mitra submitted that he was compelled to file the writ petition as the petitioner’s liberty is affected and he is not able to move the Orissa High Court as the Bar Association is on strike. The court asked counsel for Odisha government Mr. Sibo Sankar Mishra and was informed that the cease work was due to a case and rift between the police and members of the Bar.
The apex court also ruled that the interim order passed by the Chief Metropolitan Magistrate, Saket shall remain in force till 5 October to facilitate the petitioner to move the High Court of Orissa.
It needs to be noted that Odisha police had arrested Abhijit Iyer at Delhi and sought his remand which the Saket Court rejected while giving relief to Iyer and asking to him to present himself before the concerned police station in Odisha on 28 September). The cease work agitation by the lawyers had raised eyebrows in all quarters because of its continuance since 29 August causing hardship to litigants and UTP.
The incident related to a road mishap and the subsequent quarrel between a lawyer and the police. The lawyer was allegedly assaulted by the police at Cuttack. The police registered a case and took action on two constables. But the lawyers did not relent.