The price of advocate welfare stamp has reportedly been increased more than six fold from Rs 15 to Rs 100.
The association has raised questions over the logic behind the abrupt and excess price of the stamp paper. Besides, all the advocate associations across the State have been requested not to accept the excess price rise.
The association further said that the interim committee of the Bar Council doesn’t have the right to take this kind of decision.
“When the Bar Council is not an elected body and an interim body, it has no right to impose the excess amount on advocates. The abrupt and excess increase in advocate welfare stamp for more than six times is not at all acceptable,” said Kaliprasanna Mishra, Orissa High Court Bar Association President.
“None of the member of the Bar Council has discussed the matter with the advocates. They have not also stated any reason behind the hike in price of advocate welfare stamp. We have no clue in what way it will be beneficial for the advocates. We will continue to oppose the price hike,” said Mishra.
(Edited by Pradeep Singh)
In a statement issued today, Orissa High Court Bar Association secretary, Satyabrata Mohanty said that the ongoing cease-work by the lawyers would continue even during the Durga puja holidays.
"The police department has sought a few more days to submit evidence as they couldn't furnish satisfactory proof. Therefore, the case was adjourned till next Monday," said Mohanty.
"While the cease-work will continue even during the Puja holidays, the future course of action will be discussed at the general council meeting of the association on 26th of this month," added Mohanty.
Following the cease-work strike by the Balasore Bar Association as part of the support to the HC lawyers, there has been disruption of judicial work across the district.
“We are concerned for the public as they are facing many problems due to the non-functioning of courts. We condemn the attack on a fellow lawyer in Cuttack ," said Sambit Nandi, Secretary of the Balasore Bar Association.
Nandi further informed, they will extend their full support to the HC lawyers and continue their protest.
It has been almost two months that the HC Bar Association is observing strike protesting the assault on one of their colleagues by police personnel.
Due to the lawyers' strike, cases have been piling up at different courts. Subsequently, number of prisoners is increasing in different jails across the state following the delay in hearing of the cases.
It is pertinent to mention that the HC lawyers have been agitating demanding arrest of the policemen who allegedly attacked one of the colleagues.
As a result of the strike, the court was not able to receive any new cases and processing of old case files was also affected.
The agitating lawyers also did not allow petitioners to enter the court premises who wanted to fight their cases without an attorney.
A general body meeting of the Bar Association will be held on Thursday to chalk out the future strategy of the agitation, informed the association's president Srikanta Kumar Nayak.
The lawyers had begun their stir last Thursday alleging that the number of judges in the High Court is quite low compared to the sanctioned strength and many posts are lying vacant.
As per reports, the sanctioned strength of judges for the High Court is 27 but only 18 posts have been filled and after the transfer of another judge the strength has come down to 17.
Without filling the vacant posts, judges are being transferred, the protestors alleged.
Launching the cease work the lawyers said that the agitation would continue till the next course of action is decided a meeting on Tuesday.
On Saturday the Lalbag Police after a preliminary investigation found that the allegations of molestation made by the lady Crime Branch official against two public prosecutors were baseless.
Earlier, the CCTV footage of the incident was sent by the Commissionerate Police for forensic test. Senior officials who examined the video footage revealed that the allegations were not true.
Notably, a case was registered against the two government lawyers at the Lalbag police station on February 9 for allegedly molesting the lady official. According to reports, the incident apparently occurred inside the lift of Orissa High Court here. She had gone to the High Court on February 7 for some official work and while returning, she was molested in the lift of the court.
Meanwhile, Lalbag Police has intensified its probe into the incident. Police is probing into the circumstances in which the incident took place and besides the two public prosecutors who were the other persons present on the spot.
Police has claimed the footage of the CCTV inside the lift which it has collected would be the key evidence. The CCTV footage would be sent for forensic test, it added.
While police has recorded the statement of the lady Inspector under section 164 of the CrPC, it will interrogate the two public prosecutors very soon.
In the meanwhile, the Orissa High Court Bar Association discussed the issue at an emergency meeting here this afternoon.
Talking to media persons after the meeting, secretary of the Association Umesh Chandra Beura claimed that there is no evidence in the CCTV footage as alleged by the lady Inspector.
“The Association has asked the police to complete investigation into the incident by tomorrow failing which it would decide its future course of action in the general body meeting on Monday,” he added.
The lady Inspector had had gone to the High Court on February 7 for some official work and while returning, she was allegedly molested by the two public prosecutors inside the lift of the court building. The victim later lodged a complaint in the Lalbag Police station on February 9.
However, the mastermind Narendra Das aka Litu is yet to be apprehended by the police.
According to sources, police have seized two billhooks, one machete and a revolver from the three arrested accused.
As informed by Puri SP Sarthak Sarangi, Chandan came from Rourkela and started his business by opening Sai Kutir restaurant. He bought the land for the purpose with help from the three arrested accused Jaga, Kapila and Barju. In exchange, Chandan had made arrangements for employment and free food at the hotel for them. However, dispute arose when Chandan put the hotel on lease following which the three accused murdered him.
“We have arrested the three main accused and they have confessed to their crime. We have also recovered weapons of offence from them. We are interrogating them, but prima facie it looks like a property-related assault and killing,” the SP pointed out.
Also Read: Advocate murder in Puri: 3 accused held
On the other hand, the Puri Bar Association’s cease-work stir continued for the second day today. The association is unmoved on its demand seeking transfer of the Puri SP.
“We are questioning his mode of functioning. As per our scheduled deadline, we will continue our stir following which we will have a meeting and decide our further course of action,” said secretary of the Puri Bar Association, Sarada Samal.
According to police sources, the accused have been identified and two special teams have been formed which are conducting raids at various places to nab them.
On the other hand, the Puri Bar Association began its 3-day cease work protesting the deterioration in law and order situation in Puri town. Bar associations of different districts also supported the stir launched by the Puri bar.
Similarly, the High Court Bar Association also held 1-day cease-work demanding the arrest of the culprits.
Also Read: Puri advocate murder: Lawyers to launch state-wide cease-work tomorrow
“Police is putting in all efforts to arrest the culprits. All the available telephone details and call records are being verified. Till now, we are not able to trace out the whereabouts of the assailants. We have formed two teams and are investigating the matter,” said Additional SP of Puri, Bana Bihari Sahoo.
“We launched a cease-work stir today and all the lawyers have boycotted court. We have also received support from the bar associations from across the State including the Orissa High Court,” said President of the Puri Bar Association, Premanand Mohanty.
Protesting failure of police to nab the assailants involved in the murder, the lawyers’ association in Puri today staged demonstrations and road blockade in front of the Collector’s office.
Citing the deterioration in law and order, the protestors also demanded the transfer of Puri SP.
Also Read: 5 persons detained in Puri lodge owner murder
“Till the time the accused are arrested and in view of the negligence of SP in maintaining law and order in the City, we demand his transfer and have decided to launch a 3-day cease work,” said Puri Bar Association president, Premananda Mohanty.
“The manner in which Chandan was murdered mercilessly, we condemn it. As a mark of protest, we will boycott court tomorrow and urge the state government to take immediate action,” said vice president of Orissa High Court Bar Association, Kali Prasad Mishra.
Notably, Chandan was murdered on the lodge premises situated under Sea Beach Police limits last night. Chandan was attacked by 2 miscreants while entering the lodge premises on a scooter along with his friend Krushna Chandra Pradhan.
Besides, a show-cause notice has also been issued to Odisha Bar Council chairperson, Tahali Mohanty, informed Orissa High Court Bar Association secretary, Satyabrat Mohanty.
Mohanty informed that advisor and convener of BJD's legal front Asim Amitabh Das and Milan Kanungo and former Orissa High Court Bar Association vice-president Bansidhar Satpathy have been dismissed.
“At the executive and general body meeting it was unanimously decided to dismiss 3 lawyers for trying to sabotage lawyer agitation that is continuing for the last 65 days demanding immediate arrest of the police personnel involved in the attack on one of our colleagues,” said Mohanty.
Mohanty further informed that their cease-work agitation will continue till November 9 as the hearing on the case will be conducted on the same day.
It is pertinent to mention here that the Orissa High Court Bar Association had condemned the move of the BJD legal front which withdrew from the cease-work agitation after a decision was taken by the bar association to burn effigies of Odisha CM Naveen Patnaik in front of all bar associations on October 31.
Later, there was massive unrest triggered by scuffle between two lawyer groups in front of Orissa High Court on October 29. Several lawyers including a woman advocate was also injured after they were attacked allegedly by members of Biju Yuva Vahini.
“We also condemn the politicization of the lawyers’ agitation and in particular the way Odisha government is dealing with the issue. We also appeal the State government to resolve the issue as we are open for discussions,” Mohanty added.
At the joint meeting of all district bar associations held today, a unanimous resolution was passed to continue the cease-work agitation till arrests are made in connection with the police assault of an advocate.
However, a final decision regarding the cease-work agitation is likely to be taken up at the general body meeting of Orissa High Court Bar Association tomorrow.
“If at the general body meeting any decision is taken, we will notify tomorrow,” said Orissa High Court Bar Association President, Srikant Nayak.
Member of Bhadrak Bar Association, Ranjan Nayak informed that “Whatever decision is taken by the HC Bar Association for the welfare of the lawyers, we will abide by it.”
Meanwhile, both the BJP and the Congress attacked the Odisha government for not taking steps to resolve the deadlock.
“We had urged the State government in the Assembly to intervene in the entire issue, but it has become a mute spectator,” said Senior Congress leader, Narasingha Mishra.
BJD’s Barabati-Cuttack MLA, Debasish Samantray on the other hand blamed the BJP for politicizing the lawyers’ issue.
“The Law Minister held discussions and the lawyers had assured to withdraw their stir, but later went back on their word. It seems that BJP is trying to hold the State to ransom and is funding such agitation,” said Samantray.
Odisha BJP vice-president, Samir Mohanty on the other hand refuted the allegations levelled by BJD.
“From day one, he (Debasish), as an elected MLA, should have done his role and now after being cornered he is pointing fingers and trying to drag BJP,” said Mohanty.
A decision to continue the strike was taken at the general body meeting, informed High Court Bar Association general secretary, Satyabrat Mohanty.
“We have been staging peaceful protest for the last 60 days and so far the State government has not shown any inclination to hold discussions. We have decided to burn the effigy of CM Naveen Patnaik in front of 164 Bar associations across Odisha on October 31. A decision in this regard will be finalised in the next general body meeting scheduled to be held on October 30,” Mohanty added.
It is noteworthy that lawyers across Odisha have boycotted court proceedings as part of their on-going cease work agitation since August 28 in protest of assault on an advocate by police personnel in Cuttack.
As a result of the on-going strike, people as well as other litigants are facing numerous problems in getting several judicial works done. Moreover, the jail administration is also feeling the pinch as lawyers' stir has resulted in overcrowding of prisons across Odisha.
As per the direction, a DSP rank officer of the Crime Branch will investigate the brawl incident involving a lawyer and cops which snowballed into a major controversy with Orissa High Court Bar Association demanding arrest of those involved in the brutal attack on their colleague.
On August 28, lawyer Debi Prasanna Pattnaik was allegedly beaten up in public view at Shastrinagar in Nuabazar by few police personnel. Next day, a police vehicle parked near Revenue Divisional Commissioner (RDC) office was also torched during a High Court Bar Association protest against the incident.
Three police personnel including two constables- BK Samal and UK Bhuyan and Havildar PK Behera have been suspended by Cuttack Deputy Commissioner of Police, Akhileshvar Singh for 'police excess'.
The association has announced to refrain from attending the courts of Collegium-member judges constituting Chief Justice of Orissa and two senior judges Justice Sanju Panda and Justice SK Mishra.
As per reports, the association is against the recommendation of names of lawyers who are not regular practitioners of the Orissa High Court for appointment as judges.
“As per the resolution of the general body meeting, we have decided to refrain from three courts till June 26,” said Gopal Krushna Mohanty, president, Orissa High Court Bar Association.
Mohanty further informed that they are demanding filling up of the 27 existing vacancies in the High Court and as per the mandate of the constitution, lawyers of the association should be considered and elevated.
“A delegation will soon meet the Chief Justice of India, Prime Minister and Union Law Minister to discuss the situation,” he added.
Born in 1961, Parija was enrolled as an advocate in the Bar Council of Odisha at the age of 23. He was a member of the State Bar Council and was also the president of the Orissa High Court Bar Association.
“I treat my offices as my family and will function the same way while occupying the Advocate General’s office. I expect that everyone will cooperate with me,” said Parija after assuming charge.
“I will prepare a document after taking suggestions from everyone and submit it to the government. As the Chief Minister has assured us full cooperation, we hope that the government will respond to the report in a positive way,” he added.
The Supreme Court said, “A decision of collegium clearing names of some candidates (who practices in this court) and not clearing names of other candidates can hardly be a ground for the lawyers to abstain from work.”
Citing its earlier judgment that "...strikes are in violation of law laid down by this Court, the same amount to contempt and at least the office-bearers of the associations who give call for the strikes cannot disown their liability for contempt;" the apex observed that the conduct of lawyers pertaining to the ongoing strike over the decision of the collegium really falls within the domain of contempt.
The apex court specifically desired from the Bar Council of India to inform the court as to what steps could be taken in respect of the conduct of the advocates of Odisha who had violated the directions of the Supreme Court.
On the resolution passed by the Orissa High Court Bar Association to suspend Sibo Sankar Misra, the counsel appearing for the High Court, from the Bar Association, the Supreme Court said, “We have not the least doubt that the said conduct of the lawyers amounts to interfering with the proceedings of this court.” Highlighting the same the court effectively barred the local bar association and the bar council from taking any action against Sibo.
The Supreme Court has scheduled the next hearing in this case for November 8.
BCI sent notices to the Presidents and Secretaries of no less than 68 bar associations in Odisha including the Orissa High Court Bar Association stating, “The Hon’ble Apex Court has taken a very serious view on the abstention/boycott of courts by the Bar Associations of the State of Odisha.”
The Bar Council of India resolved to issue a direction to the High Court Bar Association and the other concerned Bar Associations of the State of Odisha to immediately call off the agitation and resume court work.
In the resolution which can effectively bar the defecting lawyers from the council, the BCI said, “In case the State Bar Council or any other Bar Association or office bearer fails to comply with these directions, the appropriate disciplinary action shall be taken. If the guilt is proved, this council may disqualify such advocates/leaders of the Bar from contesting any election of the Bar in future and may dislodge them from their offices.”
It may be noted that, taking cognizance of the ongoing lawyers’ stir in Odisha, the apex court specifically desired from the Bar Council of India to inform the court as to what steps could be taken in respect of the conduct of the advocates in Odisha who had violated the directions of the Supreme Court.