Shillong, Sept 1: The Baghmara Bar Association on Tuesday (Sept 1) opposed the decision of the Shillong Bar Association and the High Court of Meghalaya Bar Association to protest seeking the removal of Advocate General Amit Kumar.
Full text of resolution below
NOTIFICATION.
1. In pursuant to the request made by the Secretary, Meghalaya High Court Bar Association and other District Bar Associations for the removal of Shri Amit Kumar from the Advocate General, we have gone through the complaint petition against the Advocate General along with his reply for such complain. Upon careful perusal, it is found that the dispute is between the A.G and the Advocate concerned of the particular case pending in the High Court.
Hence, we did not find any substantive to support for removal of Advocate General.
2. Pursuant to the request made for abstention of judicial proceedings in the court, we have found that the issue arised out of the court proceedings in the High Court.
However, in the case of Faizabad Bar Association -vs- Bar Council of Uttar Pradesh & ORS, Supreme Court barred a resolution to abstain from work and shall not endorse any ‘strike’ on the Court working days. In case any such incident happens, the High Court is requested to take suo moto cognizance and initiate penal action against the entire Governing Body of the Bar.
Whereas, the Article 141 Constitution of India clearly stated that the Judgement of the Supreme Court is the legal binding in all High Court and other subordinate courts in India.
Hence, we cannot take part along with the High Court Bar Association and other district Bar Associations for abstention of work in the court.
3. All members of the Baghmara Bar Association are requested to adhere to the rule of law prevailing in the State and Judicial precedence of the Supreme Court.
Secretary
Baghmara Bar Association
South Garo Hills
