( 1 ) DOES the Bar Council of West Bengal which is a Statutory Body, have the jurisdiction to call upon the Advocates on its roll to cease their work and to desist from attending Court? Would such a call if given by 4 the Bar Council be binding on an Advocate ? Can the Bar Council take steps for penalising an Advocate who chooses to ignore such call given by the Bar Council?

( 2 ) SUCH grave and important questions have come up for consideration by this Court at the instance of four practicing Learned Advocates of this Court, who in the writ petition have challenged the resolutions of the Bar Council of West Bengal dated 3rd May, 6th May, 11th May and 13th May, 1994 and the jurisdiction of the Bar Council to give such a call.

( 3 ) BY the resolution dated 3rd May, 1994 it was resolved by the Bar Council of West Bengal, inter alia, as follows :-"this Council having considered the disturbing position of Alipore Criminal Court and the Howrah Court and having also noted the letter of the West Bengal Judicial Services Association dated 2-5-1994, it is decided that unless steps are taken by appropriate authorities for shifting the Criminal Courts of Alipore and the Magistrates' Court at Howrah now situated at the Red Building (Howrah) which is a condemned Building, to a suitable building and this Council are apprised thereof by 4 p. m. on 6th May, 1994, all Courts/ Tribunals/ Authorities including the Courts of Andaman and Nicobar Islands shall observe Cease Work from 10th to 16th May, 1994. These two items will further be considered at an emergency meeting on 6th May, 1994 at 4. 30 p. m. "

( 4 ) BY the resolution dated 6th May, 1994 the Bar Council of West Bengal resolved as follows :-"the Members of the Bar Council consider the proceedings of the meeting held on 3rd May, 1994 and reiterated the same. In view of the condition laid down in the resolution not having been complied with by the authorities concerned by taking positive steps to shift the Magistrates' Courts of Alipore and Howrah from the condemned buildings, the resolution dated 3rd May, 1994 calling upon all the Advocates in West Bengal and Andaman and Nicobar Islands to observe Cease Work from 10th May, 1994 continuously till 16th May, 1994 stands. "provided, however, if in the meantime including from 10th May, 1994 to 16th May, 1994, positive steps are taken by the authorities concerned to shift the Court Rooms in question, then the Council shall rescind the decision by calling an emergency meeting. "

( 5 ) BY the resolution dated 11th May, 1994 the Bar Council of West Bengal condemned whoever has violated the resolution of the Bar Council's call for Cease Work deciding to continue the Cease Work till 16th May, 1994.

( 6 ) BY the resolution dated 13th May, 1994 the Bar Council, inter alia, passed the following resolution :-"resolved that the Advocates who have defied the direction of the Bar Council's resolution dated 6th May, 1994 for 'cease Work' may be issued with a show cause notice. In the event the State Bar Council have reasons to believe that these Advocates are guilty of other misconduct they may refer the cases for disposal to its disciplinary Committee vide Section 35 (1) of the Advocates Act, 1961. "

( 7 ) IT is the case of the petitioners that they are all practising Advocates of this Court and their names are borne on the State roll of Advocates maintained by the West Bengal Bar Council and as such as Advocates, they are entitled as of right to practise the profession of law under Section 14 of the Indian Bar Council Act, 1926, Section 30 of the Advocates Act not having brought into force as yet. It is the contention of the petitioners that Section 14 (1) of the Bar Council Act, 1926 empowers all Advocates to practise as of right the profession of law subject only to the other provisions of the said Section and the Bar Council of West Bengal has no power or authority under the Advocates Act to interfere with such right of the peti