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2022 Supreme(SC) 1846

SUPREME COURT OF INDIA
Sanjay Kishan Kaul, Abhay S. Oka, JJ.
M/s PLR Projects Private Limited – Appellant
Versus
Mahanadi Coalfields Limited & Ors. – Respondents
Miscellaneous Application Diary No(s). 33859 of 2022 in T.P.(C) No. No. 2419 of 2019
Decided On : 12-12-2022

Advocates Appeared:
Mr. Arvind P. Datar, Sr. Advocate, Mr. Sibo Sankar Mishra, Advocate, Mr. Niranjan Sahu, Advocate, Mr. Debabrata Dash, Advocate, Ms. Apoorva Sharma, Advocate, Mr. Kaushik Poddar, Advocate, Mr. Ashok Kumar Panda, Sr. Advocate, Mr. Manoranjan Paikaray, Advocate, Mr. Shashwat Panda, Advocate, Mr. Aniruddha Purushotham, Advocate, Mr. Tejaswi Kumar Pradhan, Advocate, Mr. Vikas Singh, Sr. Advocate, Mr. Shibashish Misra, Advocate, Mr. V.N. Raghupathy, Advocate, Mr. Gautam Narayan, Advocate, Mr. Himanshu Shekhar, Advocate, Mr. Parth Shekhar, Advocate, Mr. Shubham Singh, Advocate, Ms. K. Enatoli Sema, Advocate, Ms. Chubalemla Chang, Advocate, Mr. Arjun Garg, Advocate, Mr. Gopal Jha, Advocate, Mr. Akhilesh Kuamr Pandey, Advocate, Mr. Abhimanyu Tewari, Advocate, Ms. Eliza Bar, Advocate, Ms. Sneha Kalita, Advocate, Mr. Kedar Nath Tripathy, Advocate, Mr. Kunal Chatterji, Advocate, Ms. Maitrayee Banerjee, Advocate, Mr. Rohit Bansal, Advocate, Ms. Kshitij Singh, Advocate, Mr. Dhananjai Jain, Advocate, Ms. Preetika Dwivedi, Advocate, Mr. Shantanu Sagar, Advocate, Mr. Shashank Shukla, Advocate, Mr. Anil Kumar, Advocate, Mr. Sidharth Sarthi, Advocate, Mr. Shashwat Anand, Advocate, Mr. Gunjesh Ranjan, Advocate, Counsel for the appearing Parties.

The court emphasized the importance of maintaining peace and order in court premises and holding disruptive individuals accountable.

Headnote:

Court Disruption - Failure of Police to Act - [ORDER 1]

Fact of the Case:

The court was presented with a disturbing picture of disruption in the District Courts, including violence, property damage, and threats to judicial officers and staff.

Finding of the Court:

The court expressed disapproval of the disruption and failure of the police to take action. It called for restoration of peace and requested the state to outline steps to prevent future disruptions.

Issues: Disruption of court proceedings, failure of police to act, restoration of peace, transfer of disrupted matters to adjacent districts, suspension of lawyers' licenses.

Ratio Decidendi: The court emphasized the need to maintain peace and order in court premises, hold disruptive individuals accountable, and take strict action against them. It also sought the involvement of relevant authorities to address the situation.

Final Decision: The court scheduled the matter for further hearing on 14.12.2022.

ORDER

1. A disturbing picture has been presented before us on the basis of the affidavit filed by the Registrar General of the High Court disrupting court proceedings in the District Courts. The concerned videos have also been shown to us. The position as on date at 12.30 p.m. is also placed before us which reads as under :

    'Sambalpur Incident dated 12.12.2022 Sequences

    1. The Bhubaneswar Bar Associations call for support to observe Satyagraha on 12.12.2022

    2. District Judge, Sambalpur anticipating untoward situation discussed with the S.P. and collector on 11.12.2022.

    3. After a detail discussion today morning the District Judge and other Judicial Officers of the Sambalpur headquarters entered inside the Court premises before 10 am.

    4. Lawyers and public gather in front of the Court gate and pelted stone to the Court building thereby damaging the Court property and forcibly entered inside the Court premises.

    5. Police personnel present there did not take proper action.

    6. Anticipating danger to the lives and property of the Judicial Officers and Court, the door was bolted from inside in the chamber of the District Judge. However, lawyers and other public forcibly entered inside the Court premises and the chamber of the district judge in presence of police and threw the chairs, damaged the computers and misbehaved the District Judge and also the other Judicial Officers present in the chamber.

    7. The District Judge and other Judicial Officers could able to escorted out with lot of difficulties, however, they are scared of the incidents due to ransacking of the properties of the Court building including threat to the lives of the Judicial Officers and staff.

    8. The Judicial Officers present in other chambers were also similarly threatened and forced to come out of their chambers.

    9. Registrar General immediately after ascertaining the status informed the Director General of Police, Odisha over phone and also sent Whatsapp messages informing law and order situation.

    10. The incidents were covered live by the Local electronic News channels viz. OTV, Argus News and others.

    11. The Director General of Police, Odisha, the Principal Secretary, Home Department were also asked to take appropriate action against the persons involved with immediate effect.

    12. The video footages of the incidents have been shared with the Director General of Police for immediate action.'

2. We will not countenance the position. We have said so. We consider this a failure of the police also not to have taken action and taken the concerned disruptive lawyers into custody who must be prosecuted in accordance with law. The peace must be restored at all costs. The State of Odisha to state before us as to what steps are they going to take so that no disruption of any Court process takes place, nor is agitation permissible within a certain specified periphery of each Court building.

3. Since the Advocate General is stated to be travelling, request is made to take up the matter day after.

4. We ask the Director General of Police and Inspector General, Sambalpur to appear before this Court personally through video conferencing to set out what steps they have taken.

5. We would also like to be informed by the Registrar as to what are the Courts which are functioning as all matters, in Districts which are disrupting the work, would stand transferred to the Districts adjacent where work is going on.

6. Lawyers, as stated before, have lost their privilege by this behaviour and the police is expected to take strictest of action.

7. We expect the Bar Council of India also to be represented before us to explain as to what extent the licences have been suspended of the concerned lawyers leading the agitation.

8. List on 14.12.2022.

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