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1995 DIGILAW 292 (SC)

Supreme Court Bar Association v. State of UP

1995-02-21

A.M.AHMADI, J.S.VERMA, K.RAMASWAMY

body1995
JUDGMENT : 1. When this matter was called on for hearing today, Mr. V.M. Tarkunde, learned Senior counsel appearing for some of the contemners made a suggestion that having regard to the passage of time and feelings having been cooled down, it may perhaps be appropriate to accept the apology submitted by the contemners and close the chapter. We would have been inclined to consider the suggestion had it been supported by some formula which would assutt us that such ugly incidents will not recur in future. On this, the learned senior counsel appearing for different parties including the State Government, stated that if the matter is postponed for some time they would put their heads together to see if a lasting solution could be evolved which would be in the nature of a Code to be adhered to by the members of the Bar practicing throughout the country. We also have impressed upon them the need to evolve a lasting and durable solution as incidents of this nature have a direct impact on the independence of the Judiciary throughout the country. We say this since we desire the senior counsel to work out a solution as they too realise that the situation has reached a stage beyond which it cannot be allowed to drift. We, therefore, think that the time has come when all concerned with the Judicial Administration in this country right from the grass-roots level to the highest court in the country must feel concerned about the effect of such actions and behaviour, including frequent strikes, has on the independent functioning of the courts throughout the country. We, therefore, accede to the request if 1994 with T.P.(C) No. 379-380/94 (Supreme Court jointly made by counsel to adjourn this matter for some time to enable them to meet and evolve a formula of a durable nature which would be in keeping with the dignity of the Courts at all levels and would ensure that the independence of the Judiciary is in no manner affected. We adjourn this matter by two months to enable the learned Attorney General to take the initiative of convening a meeting and we do hope that the Committee that may be constituted for the purposes of evolving a formula would keep in view the events that have taken place even after this Court's order in the matter of Common Cause (A Registered Society) v. Union of India & Ors. dated December 7, 1994 in W.P. 821/90 ( 1995(1) SCALE 6 ). List the matter on 25th April, 1995. We take note of the fact that contemners No. 12 - Mr. Krishnamurthy Singh Yadav is not present for medical reasons.