Odisha lawyers' stir: Will come down hard on those disrupting court proceedings, warns SC

The Supreme Court on Wednesday warned it will come down "very hard" on those who vandalised courts and disrupted proceedings in some districts of Odisha, including members of the bar, and admonished the state police for their "utter failure" to control the situation.

The apex court observed the demand for establishing a permanent bench of the state high court in western Odisha seems to have become a "prestige issue", while noting there was no justification for having another bench of the high court in view of the widespread use of technology in the functioning of courts.

"There is no high hope of formation of bench, much less any hope now. Even if there was some remote possibility, that is lost now due to their conduct," a bench of Justices S K Kaul and A S Oka observed.

The top court told the Director General of Police, Odisha, and Inspector General, Sambalpur, who both appeared before it through video-conference, that if the state police are unable to control the situation, the court will send paramilitary forces there to deal with it.

The bench said FIRs must be registered against those who indulged in violent protests and they be prosecuted.

The Bar Council of India (BCI) informed the bench that it has suspended 43 agitating advocates of the Sambalpur District Bar Association for their alleged involvement in vandalism.

"Why such people should be lawyers?" wondered the bench and warned "We are going to come down very hard and will be extremely harsh".

The IG, Sambalpur, told the bench a three-tier security system has been put in place around the district court and 15 platoons of police personnel were deployed after the last order of the apex court. Three criminal cases have been registered against the trouble makers, he said.

"Three tier system with 15 platoons is not good enough for you to control them from disrupting the court proceedings?" the bench told the IG, adding, "We have seen the video. You (police) were mollycoddling the lawyers. This is how you control the law and order?....If you cannot control it, we will get paramilitary forces there.

"It is utter failure of the police, according to me. If you want, we will give certificate to you," Justice Kaul said angrily.

The DGP told the court the situation was under control now.

The bench asked whether normalcy has been restored and lawyers are appearing in the courts.

The counsel appearing for the state of Odisha said very few lawyers are coming to courts and no protests have taken place outside the court premises in the last two days.

The bench was not impressed with a resolution passed by the central action committee of all bar associations of western Odisha regarding suspension of the agitation and said the committee will have to call off the strike unconditionally.

It said the resolution must say that they will never indulge in boycott of courts to demand setting up of a bench of the high court.

"We thought that they will listen but they are aggravating it. We will deal with it," the bench said at the outset, adding, "If this is the behaviour of the lawyers, why high court bench should be there".

The bench noted that the DGP and the IG have assured the court that whatever has happened there, will not happen again and no disruption of court proceedings in any manner will be allowed.

"We have indicated to the police authorities that their ability to control the situation will be closely watched by us," it said.

On the report placed before it about the December 12 incident at Sambalpur where stones were thrown at the court building and property damaged, the bench said it is the police's job to control law and order.

"The shifting of high court or creating benches is a serious matter of administration and it cannot be done with such whimsical demands," the bench said.

It also dealt with the issue of threats being faced by some senior members of the BCI and said the state will ensure their security.

"Don't make us take a tough stand," the bench told the senior police officers, adding, "We will not let the litigants' interest be sacrificed like this".

"We are not going to be browbeaten," it said and posted the matter for further hearing on February 6.