Shillong, Oct 8: High Court of Meghalaya has issued contempt notices to the functionaries of bar associations for engaging in cease work and strike for the removal of Advocate General Amit Kumar.
A suo motu petition was taken up by the high court on Thursday ( Oct 8) in view of the call for abstention of judicial work given by the Shillong Bar Association and the High Court of Meghalaya
Bar Association to all districts by resolution issued on September 30 2026. The abstention from judicial work as per the resolution is from October 1 to all the Bar Associations in the districts of Meghalaya, until the government removes the Advocate General from his post.
The registry has placed before the court the data of all the districts, including that of the High Court. The data reveals that the abstention has affected/impacted judicial work and as such, administration of justice. The abstention of lawyers from court work in the High Court and all districts except Baghmara district,
has left litigants unrepresented. Rightly so, Baghmara Bar Association has refused to support the call, as joining the call would be contrary to the judgment of the Apex Court in Ex-Capt.
Harish Uppal v. Union of India reported in (2003) 2 SCC 45. We applaud their decision and their stand in abiding by the law, the court said.
3. The law with respect to when contempt can be issued by
courts when a Bar Association goes on a strike is no longer new.
The Constitution Bench judgment of the Apex Court in Ex-Capt. Harish Uppal case (supra) has specifically observed
and held that lawyers have no right to go on strike or even token strike or to give a call for strike, the court said.
The contempt notices issued to the following office bearers.
1. K.S. Kynjing, Sr.Adv, President, High Court of Meghalaya Bar Association;
(2) N. Syngkon, Vice President, High Court of Meghalaya Bar Association;
(3) Pyllang Nongbri, Vice President, High Court ofvMeghalaya Bar Association;
(4) Kishore Ch. Gautam, Secretary General, High Court of Meghalaya Bar Association
(5) Andrew R. Passah, Secretary, High Court of Meghalaya Bar Association;
(6) Arnold G. Momin, Secretary, High Court of Meghalaya Bar Association;
(7) Sujit Dey, Treasurer, High Court of Meghalaya Bar Association;
(8) Executive Members, High Court of Meghalaya Bar Association:
(i) Apu Dey
(ii) Andrew M. Sangma
(iii) Cherak C.T. Sangma
(iv) Jonathan M. Thangkhiew
(v) H.L. Shangreiso, Sr.Adv
(vi) Melvbin M. Laitmon
(vii) Raymond K. Majaw
(viii) Rosylia Kharshiing
(9) H.R. Nath, President, Shillong Bar Association;
(10) Nelson Kharnarbi, Vice President, Shillong Bar Association
(11) Teiborlang Jyrwa, Secretary, Shillong Bar Association
(12) N. Shyambor Singh Marpan, Assistant Secretary, Shillong Bar Association
(13) Nurina N. Lyngdoh, Assistant Secretary, Shillong Bar Association
(14) Ilawanda S. Lyngdoh, Treasurer, Shillong Bar Association
(15) Executive Members, Shillong Bar Association:
(i) Kishore Ch. Gautam
(ii) Ricky Nelson Marbaniang
(iii) Jonathan M. Dkhar
(vi) Jyoti K. Marak
(v) Krishna Sharma
(vi) Stevie R. Lyngdoh.
They have been asked to physically present on October 13 as to explain why action for criminal contempt should not be initiated/taken against them for having given a call for abstention
from judicial work in all courts in Meghalaya and for obstructing
the administration of justice.
The court also made Bar Council of Meghalaya and Bar Council of India as parties to the case.
“We expect the Chairman of the Bar Council of Meghalaya to personally remain present in Court on the next date, so as to inform this Court of the action taken by the Bar Council of Meghalaya against the protesting lawyers, who have called for abstention from judicial work”, the court said.
The court also said that if judicial work is not resumed by the Advocates in other districts forthwith, it will be constrained to
issue contempt notices even against the President, Secretary and office bearers of the respective District Bar Associations on the next date, except the Baghmara Bar Association, which did not participate in protests.
