U.P. SALES TAX ASSN.versusTAXATION BAR ASSOCIATION AND ORS.

A                           U.P. SALES TAX ASSN.
                                         v.
                 TAXATION BAR ASSOCIATION AND ORS.

                              SEPTEMBER 1, 1995

B               [K. RAMASWAMY AND B.L. HANSARIA, JJ.]

          Uttar Pradesh Sales Tax Act, 1948-Section 9-Appellate Authmity-
    Exclusive Jwisdiction to deal with assessment, levy and Collection of Sales
    Tax under the Act-High Cowt cannot prohibit such an authority from dis-
c   charging his statutmy duties-Withdrawal and transfer of functions from the
    authority to another jurisdiction by the High Cowt not justified.

        Constitution of India, 1950: A1ticle 226 writ petition prefen·ed by dis-
  pleased members of the Bar-High Cowt allowed petition prohibited the
  appellate authority from discharging his functions and transfe17'ed the same
D to another Jwisdiction-High Cowt cannot exercise this powe1~As se1ious
  repurcussions would ensue to the functioning of the sub-Ordinate judicia1y
  and statutmy ftmctionaries.

         Legal profession-Ethics-Right to go on st1ike-Boycott of Cowts by
E   lawyers-Deprecation of-Such act would deter judicial officers and
    authmities from discharging their duties without fear, favour or ill-Will.

        Under section 9 of the Uttar Pradesh Sales Tax Act, 1948. The
  appellate authority, discharges quasi-judicial functions relating to assess-
  ment, levy and collection of taxes. Such a statutory authority was con-
F fronted by lawyers belonging to the respondent Taxation Bar Association
  and accused of graft. Subsequently the respondent Association threatened
  to go on strike to pressurize removal and transfer of this authority. On
  receipt of a resolution to this effect passed by the respondent Association,
  the District Magistrate directed the authority to proceed on leave on the
G condition that the lawyers withdraw the strike. The strike continued even
  after the authority resumed work under instructions from his superior
  officers. When the Government did not accede to the demands of the
  lawyers despite the strike, the Bar Association filed a writ petition in the
  High Court praying Inter-alia for mandamus restraining the authority
  from discharging his functions under section 9 of the Act of 1948 and for
H the transfer of pending cases to another authority.
                                        228
            U.P. SALE TAX ASSN. v. TAXATION BAR ASSN.                  229

      The High Court allowed the petition.                                    A
      Aggrieved by this order the U.P: Sales Tax Service Association
preferred an appeal to this Court.

      Allowing the appeal, this Court,
                                                                              B
       HELD : 1.1. The 'High Court does not have the power to issue a writ
or order of prohibition, injuncting a statutory authority from discharging
its statutory functions or transfering these functions to another jurisdic·
tion. Exercise of such power by the High Court generates a rippling effect
on subordinate judiciary and another statutory functionaries. [242-D-E]
                                                                              c
     S. Govinda Menon v. Union of India and Anr., AIR (1976) SC 1274
and Dwarka Nath v. Income Tax Officer, Special Circle, D. Ward Kanpur and·
Another, AIR (1966) SC 81, Distinguished.

      1.2 If the rule of law is to have any meaning and content, the D
authority of the court or statutory authority and the confidence of the
public in them should not be allowed to be shaken, diluted or undermined.
Any scurrilous, offensive, intimidatory or malicious attack on the judicial
officer/authority beyond condonable limits, amounts to scandalising the
Courtffribunal amenable to conviction for its contempt and liable to libel
or defamation and damages personally or group libel. [234-F; 235-B]         E
      Brahma Prakash Shamia and Ors. v. The State of Uttar Pradesh, AIR
(1954) SC 10; Tarini Mohan and Ors. v. Pleaders, AIR (1923) Calcutta 212
and In the matter of a Pleader, AIR (1924) Rangoon 320, referred to.

      1.3. It has been a frequent spectacle in the recent past to witness     F
that advocates strike .work at the slightest provocation overlooking the
harm caused to the judicial system in general and the litigant public in
particular. [236-F]

       Federal Trade Commission v. Superior Cowt T1ial Lawyers Associa-·
tion, et al, 493 US 411; 107 L Ed 2d 851 (1989); Cowt of its own motion v. G
Mr. B.D. Kaushik & Ors., (1991) 4 Delhi Lawyer 316; Common cause v.
Union of India, (1995) 1 SCALE 6; Shri KK Venugopal, The legal profes-
sionals at the tum of the Centu1y" (1989) 1 NLSJ 121; Shri P.P. Rao "strike
by professionals" Indian Advocate, Vol. XXIII, 1991 (Part-I); Shri H.N.
Seerwa~ ''Lawyers strike and the Duty of the Supreme Court." Indian Advo- H
    230                    SUPREME COURT REPORTS [1995) SUPP. 3 S.C.R.

A cate, Vol. XXIII 1991 (Part-I) and Shli F.S. Naliman, "Boycott a lawyers
    weapon. "Indian Advocate, Vol. XVIII, 1978 Vol. 1.& 2., referred to.

           2. The High Court has the power to issue a writ of prohibition to
    prevent a Court or Tribunal from proceeding further when the inferior
    Court or Tribunal (a) proceeds to act without or in excess of jurisdiction
B   ; (b) proceeds to act in violation of the rules of natural justice; (c) proceeds
    to act under a law which is itself ultra vires or unconstitutional; or (d)
    proceeds to act in contravention of the fundamental rights. None of these
    situations indisputably arises in this case. Section 9 of the Act is a
    complete code in itself for conferment of jurisdiction on the appellate
C   authority, the procedure for dispensation and the power to pass orders
    thereon. The appellate authority was acting in furtherance thereof. The
    High Court does not have the power to issue orders restraining the
    authority from exercising these statutory powers and further to deprive
    that authority from exercising those powers by transfering the same to
    another ,jurisdiction. (241-E-G]
D
          [The Court observed that it was not benefitting the dignity of the
    profession that an advocate instead of arming himself with an armory of
    precedents, got armed with a licensed revolver.] (242-G]

            CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7872 of
E   1995.

         From the Judgment and Order dated 14.10.93 of the Allahabad High
    Court in W.P. No. Nil of 1993.

            Dipankar Gupta, Solicitor General, Uma Nath Singh for the Appel-
F
    lant.

         S.K. Bagga, D.V. Sehgal, Ms. S. Bagga, Seeraj Bagga, Ms. Tanuj
    Bagga and R.B. Misra, fot the Respondents.

G           The Judgment of the Court was delivered by

            RAMASWAMY, J. Leave granted.

           This Appeal by special leave arises from the order dated 14th
    October, 1993 of the Allahabad High Court made Writ Petition No. Nil of
H   1993 titled The Taxation Bar Association, Agra through its General Secretary
     U.P. SALE TAX ASSN. v. TAXATION BAR ASSN. [K. RAMASWAMY, J.)        231

& Anr. v. Tiie State of U.P. through the Secretmy, Institutional Finance &      A
Ors. Pursuant to our direction under Article 139A (1) of the Constitution
withdrawing the said writ petition to this Court, we dispose of the same
ourselves.

      The crucial question before us is whether the High Court could issue
a writ or direction prohibiting a statutory authority, viz., the Appellate      B
Authority under Section 9 of the Uttar Pradesh Sales Tax Act, 1948 (for
short, "the Act") from discharging the quasi judicial functions; direction to
the State Government to withdraw all powers from it and transferring the
pending cases before the officer to any other authority? Whether advocates
would be justified to go on strike as a pressure group in that behalf?          c
       The impugned order is the same, as prayed for in the main writ
petition, which reads as under :

            "Until further orders of this Court, the respondent no.3 Satti
         Din is restrained from discharging his function as Deputy Com-         D
         missioner (Appeals) Sales Tax, Agra under Section 9 of the U.P.
         Sales tax Act. However, it will be open to the Commissioner, Sales
         Tax U.P. to transfer the cases pending before respondent no. 3 to
         some other Court".

      The facts not in controversy are that on 2nd September, 1993, E
pursuant to a resolution passed by the Taxation Bar Association, Agra, one
Ramesh Chander Gupta. Advocate and President of that Association along
with two others met respondent No. 3, Satti Din, the appellate authority in
his chamber and accused him of "demanding illegal gratification in the
discharge of his duties as appellate authority and that dissatisfaction was F.
widely prevelant among the advocates and litigants". Allegations and
counter- allegations of hurling abuses against each other have been made
resulting in wide spread violence. It would appear from the record that the
members of the appellant-Association, the staff of the Office of the Deputy
Commissioner and other staff of the Government officers in Agra and some G
general public on the one hand and advocates on the other hand alleged
to have been involved in violence. Crimes have been registered against each
other, with which we are not concerned and it would be inappropriate and
in expedient to mention them here in detail. Law will take its own course.
Suffice it to state that the 1st respondent appears to have made a repre-
sentation to the District Magistrate Agra, who thereon asked Satti Din to H
    232                   SUPREME COURT REPORTS (1995] SUPP. 3 S.C.R.

A go on leave on the condition that advocates would withdraw the strike.
    Though Satti Din had initially gone on leave, the advocates continued
    strike. On his superior officer's instructions, Satti Din had rejoined duty as
    appellate authority. On registration of the crime case against the advocates,
    it would appear that on September 6, 1993, an emergency meeting of
    Associations of Agra and Firozabad was held and it was resolved to boycot~
B   all the courts and observe total strike on September 7, 1993; and in a joint
    meeting of all the Associations a resolution was passed resolving immedi-
    ate enquiry into the charges of corruption against, and for the transfer of,
    respondent No. 3. They further resolved to continue to boycott courts and
    go on indefinite strike called by Taxation Bar Associations. The advocates
c   made representation to the Governor on 4th September, 1993 and further
    representations to all concerned. It would appear that they had also
    approached the Advocate General to initiate contempt proceedings against
    the 3rd respondent and the Advocate General also appears to have issued          ...
    show cause notice to the 3rd respondent under Section 15 of the Contempt
D   of Courts Act. We are not concerned with the legality or appropriateness
    of any of the said proceedings. Suffice it to state that when the indefinite
    strike evoked no response, the 1st respondent filed the writ petition for a
    mandamus for the aforestated reliefs.

           To satisfy whether there is some substance in the allegations of
E   corruption imputed to the officer, we issued notice to the Government to
    produce his confidential service records and also directed the Secretary to
    the Government to file an affidavit, pursuant to which the Secretary has
    filed an affidavit and has also produced confidential service records of the
    3rd respondent. We find no adverse remarks, much less any allegation of
F   corruption made against the 3rd respondent at any time. The Secretary has
    certified that the officer is competent and honest, but an average officer.
    It would appear from the record that the allegation of demand of illegal
    gratification was mentioned for the first time by Ramesh Chander Gupta
    on 2nd September, 1993. To support the imputations, he filed a copy of
    the decision dated 28th July, 1993 rendered by the 3rd respondent in the
G   matter of Mis. As/wk Auto Sales, Nunihai, Agra v. Asstt. Commissioner
    (Assessment).

           The allegation of Ramesh Chander Gupta is that the 3rd° respondent
    was demanding in every case 25 per cent of the assessable tax as illegal
H   gratification and he was dismissing the appeals in which illegal gratification
     U.P.SALETAXASSN.v. TAXATIONBARASSN.[K. RAMASWAMY,J.]               233

was not paid. It is not his case that he paid the alleged demanded amount. A
In the above said appeals, the assessee filed his return for the year 1989-90
and the admitted liability was of Rs. 16,38,121,38. The turnover was about
10 crores. The disputed tax amount was Rs. 93,07,457.02. The 3rd respon-
dent allowed the appeal and reduced the tax liability from Rs. 93,07,457.02
and assessed the tax for Rs. 70,21,943.70. Except the allegation on this
                                                                              B
occasion, and repetition thereafter by the other advocates, no allegation of
corruption was imputed to the 3rd respondent at any point of time earlier
to 2nd September, 1993. It appears from the affidavit filed by one of the
advocates before the Sales Tax Commissioner that the 3rd respondent
dismissed his appeals for default.
                                                                               c
      We searched for the reasons for the trouble. In the face of the
Government's undisputed record of integrity of the officer and in the
absence of any allegation of corruption prior to 2nd September, 1993 and        .1
in the face of dismissal of the appeals for default, it would appear that the /
3rd respondent was not easily conceding to the prayer for adjournment but D
was disposing of the matters on merits. Thus, he appears to have irked or
incurred the displeasure of the advocates, who, it may be, invented the
imputation to avoid inconvenient officer. The consequential strike was
carried out by the advocates but to no success. When it was proved to be
ineffective, they tapped judicial process under Article 226 of the Constitu-
tion on October 13, 1993 and the High Court at the admission stage issued E
the interim direction practically allowing the Writ Petition on October 14,
1993.

       From these facts the question that emerges is whether the High
Court, at the instance of the advocates and the Bar, could prohibit the        p
quasi-judicial statutory authority from discharging the statutory duties and
whether was justified in directing the Government to withdraw the func-
tions from him and transfer the same to some other jurisdiction ?

      Judicial review is the basic structure of our Constitution which
entrusts that power to the Judiciary. Judiciary is the sentinel on the qui vive G
to protect the liberty and rights of the citizens, apart from keeping the
other organs of the State exercising that process within the confines of the
Constitution and the laws. Articles 323A and 323B empower the Parlia-
ment and the appropriate legislature to make law to constitute Tribunals
to adjudicate the disputes, complaints or offences with respect to all or any H
    234                    SUPREME COURT REPORTS [1995) SUPP. 3 S.C.R.

A  of the matters specified therein. Sub-clause 2(a) of Article 323B provides
  for constitution of the Tribunal "for levy, assessment, collection and enfor-
   cement of any tax". A glance at the provisions in Section 9 of the Act shows
  that any dealer or other person aggrieved by an order of the assessing
   authority, other than those passed under excluded sections, is provided
  with a right of appeal to the appellate authority. It also regulates the
B
  procedure for disposal of the appeal and in some cases the orders attain
  finality and in ·some cases the orders are appealable to the Sales Tax-
  Tribunal. The appellate authority has power, after giving opportunity of
  hearing, to confirm or annual or modify the order of the assessing officer,
   and to reduce or enhance the amount of assessment or penalty arising from
c  the orders of the assessing authority. It is also empowered to set aside the
   order and to direct re-assessment or to pass fresh order after specified
   enquiry or to direct fresh enquiry and to submit a report within the
   specified time. Section 9 of CPC envisages to exclude taking cognizance of
   civil dispute by express provisions or by necessary implication. It would
D thus be clear that as regards assessment, levy and collection of sales tax or
   penalty under the Act, though the dispute in relation thereto is a cognizable
   civil dispute by a civil court of competent jurisdiction, the statute by
  necessary implication takes out the disputes covered by the Act from the
  jurisdiction of the civil court and gives exclusive jurisdiction to the appel-
  late authority and a further revision to the Tribunal with ultimate power of
E judicial review by the High Court under Article 226 of the Constitution.

           It is fundamental that if rule of law is to have any meaning and
    content, the authority of the court or a statutory authority and the con-
    fidence of the public in them should not be allowed to be shaken, diluted
F   or undermined. The courts of justice and all tribunals exercising judicial
    functions from the highest to the lowest are by their constitution entrusted
    with ·functions directly connected with the administration of justice. It is
    that expectation and confidence of all those, who have or likely to have
    business in that court or tribunal, which should be maintained so that the
    court/tribunal perform all their functions on a higher level of rectitude
G   without fear or favour, affection or ill-will. Casting defamatory expressions
    upon the character, ability or integrity of the judge/judicial officer/authority
    undermines the dignity of the court/authority and it would tend to create
    distrust in the popular mind and impedes confidence of the people in the
    courts/tribunals which is of prime importance to the litigants in the protec-
H   tion of their rights and liberties. The protection to the judges/judicial
     U.P. SALE TAX ASSN. v. TAXATION BAR ASSN. [K. RAMASWAMY, J.]        235

officer/authority is not personal but accorded to protect the institution of A
the judiciary from undermining the public confidence in the efficacy of
judicial process. The protection, therefore, is for fearless curial process.
Any scurrilous, offensive, intimidatory or malicious attack on the judicial
officer/authority beyond condonable limits, amounts to scandalising the
court/tribunal amenable to not only conviction for its contempt but also
                                                                                 B
liable to libel for defamation and damages personally or group libel.
Maintenance of dignity of the court/judicial officer or quasi-judicial
authority is, therefore, one of the cardinal principles of rule of law em-
bedded in judicial review. Any uncalled for statement or allegation against
the judicial officer/statutory authorities, casting aspersions of court's in-
tegrity or corruption would justify initiation of appropriate action for c
scandalising the court or tribunal or vindiction of authority or majesty of
the court/tribunal. The accusation of the judicial officer or authority or
arbitrary and corrupt conduct undermines their authority and rudely
shakes them and public confidence in proper dispensation of justice. It is
of necessity to protect dignity or authority of the judicial officer to maintain D
the stream of justice pure and unobstructed. The Judicial Officer/authority
needs protection personally. There fore, making wild allegations of corrup-
tion against the presiding officer amounts to scandalising the
court/statutory authority. Imputation of motives of corruption to the judi-
cial officer/authority by any person or group of persons is a serious inroad
into the efficacy of judicial process and a threat to judicial independence E
and needs to be dealt with strong arm of the law.

      In Brahma Prakash Shanna & Ors. v. The State of Uttar Pradesh, AIR
(1954) SC 10) a Constitution Bench of this Court held that a resolution
passed by the Bar Association expressing want of confidence in the judicial     F
officers amounts to scandalising the court to undermine its authority and
thereby committed contempt of the court.


      In Taiini Mohan & Ors. v. Pleaders, AIR 1923 Calcutta 212, the facts
were that pursuant to the resolution passed by the Bar Association to
boycott thP. subordinate court as a protest against courts for alleged ill-    G
treatment of pleaders, the petitioner-pleaders refused to appear in the
court. Action was drawn up under Section 14 of the Legal Practitioners
Act against several pleaders for their failure to appear in the court in
matters which were entrusted to them by their clients. The Full Bench of
the High Court held that pleaders deliberately abstained from attending        H
    236                   SUPREME COURT REPORTS [1995] SUPP. 3 S.C.R.

A   the court and took part in a concerted movement to boycott the court - a
    course of conduct held not justified. The pleaders has duties and obliga-
    tions to their clients in respect of suits and matters entrusted to them which ·
    were pending in the that court. They had duty and obligation to co-operate
    with the court in the orderly administration of justice. By the cours'e which
    they had adopted, the pleaders violated and neglected those duties and
B   obligations in both those respects. If the pleaders thought they had a just
    cause of complaint, they had two courses open to them-to make a repre-
    sentation to the District Judge or to the High Court. Thus boycotting the
    court was held to be highhanded and unjustified and further action was
    dropped with the hope that those observations would be sufficient to
c   prevent any further recurrence of conduct of a similar nature with the
    warning that if the conduct was repeated the consequences might be of
    serious nature.

            This ratio was followed In the matter of a pleader AIR (1924) Ran-
D   goon 320 wherein also in pursuance of the resolution of the local Bar
    Association to boycott the court, a pleader refrained from appearing in the
    court without obtaining his client's consent and left his client undefended
    as a result of which his client was detained in jail for about a month mor.e.
    The Division Bench held that the pleader was guilty of unprofessional
    conduct and the subsequent consent given by the client did not affect his
E   liability.

           It has been a frequent spectacle in the recent past to witness that
    advocates strike work and boycott the courts at the slightest provocation
    overlooking the harm caused to the judicial system in general and the
F   litigant public in particular and to themselves in the estimate of the general
    public. An advocate is an officer of the court and enjoys a special status
    in the society. The workers in furtherance of collective bargaining organise
    strike as per the provisions of the Industrial Disputes Act as a last resort
    to compel the management to concede their legitimate demands.

G         It is not necessary to go into the question whether the advocates, like
    workmen, have any right at all to go on strike or boycott court. In Federal
    Trade Commission v. Supe1ior Cowt Tlial Lawyen Association et al. 493 US
    411 : 107 L Ed 2d 851 (1989) the Attorneys who regularly accepted court
    appointments to represent indigent defendants in minor felony and mis-
H   demeanor case before the District of Columbia Superior Court sought an
     U.P.SALETAXASSN. v. TAXATIONBARASSN. [K. RAMASWAMYJ.)              237

increase in the statutorily fixed fees they were paid for the work they had A
done. When their lobbying efforts to get increase in the fees failed, all the
attorneys, as a group, agreed among themselves that they would not accept
any new cases after a certain date, if the District of Columbia had not
passed legislation providing for an increase in their fees. The trial lawyers'
association to which the attorneys belonged supported and publicised their
                                                                               B
agreement. When they were not accepting the briefs which affected the
District's criminal justice systems, the Federal Trade Commission (FTC)
filed a complaint against the trial lawyer's association complaining that they
had entered into a conspiracy to fix prices and go in for a boycott which
was an unfair method of competition violating Section 5 of the Federal
Trade Commission Act (15 USCS 45). The administrative law judge               c
rejected various defences of the Association and recommended that the
complaint to browbeat the boycott be dismissed. The Court ~f Appeals for
the District of Columbia reversed the FTC Order holding that the Attor-
neys are protected by Federal constitution's First Amendment etc. On
certiorari, majority of U.S.A. Supreme Court speaking through Stevens, J. D
held that the lawyers had no protection of the First Amendment (free
speech) and the action of the group of attorneys to boycott the courts
constituted restraint of trade within the meaning of Section! of Sheman
Act against unfair method of competition. Though the object was enact-
ment of a favourable legislation, the boycott was the means by which the
attorneys sought to obtain favourable legislation. The Federal E
Constitution's First Amendment does not protect them.

       Shri K.K. Venugopal, a leading senior member of this Bar and ex-
President of the Supreme Court Bar Association, in his article "The Legal
Profession at the Turn of the Century" (1989) 1 NLSJ 121, opined that F
boycott amounts to contempt of court and the advocates participating in
the strike keep their clients as hostages and their interests in jeopardy. Shri
P.P. Rao, another senior member of this Bar and former President of the
Supreme Court Bar Association in his article "Strike by Professionals"
published in Indian Advocate - journal of the Bar Association of India
(Vol. XXIII 1991 (Part I) - opined that it amounts to professional miscon- G
duct. Shri H.M. Seervai, a noted distinguished jurist in his article ''Lawyers
Strike and the Duty of the Supreme Court" republished in the Indian
Advocate Vol. XXIII (1991) (Part I), opined that lawyers ought to know
that at least as long as lawful redress is available to aggrieved lawyers, there
is no justification for lawyers to join in an illegal conspiracy to commit a H
    238                   SUPREME COURT REPORTS [1995] SUPP. 3 S.C.R.

A   gross, criminal contempt of court, thereby striking at the heart of the liberty
    conferred on every person by our Constitution. Strike is an attempt to
    interfere with the administration of justice. The principle is that those who
    have duties to discharge in a court of justice are protected by the law and
    are shielded by the law'to discharge those duties, the advocates in return
    have duty to protect the courts. F9r once conceded that lawyers are above
B   the law and the law courts, there can be no limit to lawyers taking the law
    into their hands to paralyse the working of the courts. "In my submission",
    he said that "it is high time that the Supreme Court and the High Court
    make it clear beyond doubt that they will not tolerate any interference from
    anybody or authority in the daily administration of justice. For in no other
c   way can the Supreme Court and the High Court maintain the high position
    and exercise the great powers conferred by the Constitution and the law
    to do justice without fear or favour, affection or ill-will."

           Shri Nariman, yet another learned senior members of this Court and
    President of the Bar Association of India and Editor of the Indian Advo-
D
    cate-in his article "Boycott - a lawyer's weapon" published in the Journal
    'Indian Advocate' (Vol. XVIII 1978 Nos. 1 & 2), opined that when the
    lawyers boycott the courts, confidence in the administration of justice is
    shaken. The longer the boycott the greater the jeopardy to the system. The
    boycotting of a court by members privileged to practise, there is virtually
E   holding justice to ransom. It certainly contributes to the law's delays. An
    absention from the courts by those who have held themselves out as
    practising, there is a threat to the administration of law and undermines
    the rule of law which is the bedrock of our Constitution. He ended with a
    quotation by Sir Norman Macleod AIR (1920) Bombay 168 that "those who
    live by the law would keep the law".
F
        In a recent article by R.D. Sharma, published in Pioneer dated 9th
  August, 1994, it is stated that law courts do not belong to the lawyers alone.
  They belong to the people. Lawyers must realise the untold hardships and
  miseries to which the litigants are subjected to and the extent to which the
G cause of justice suffers on each day they boycott the courts on one pretext
  or another. It is this realisation which needs to be asserted vigorously than
  ever before. It is, therefore, stated that the public image of the lawyers
  admittedly is at its nadir and if remedial steps are not initiated from within,
  a day will come when society finds it convenient to dispense with them
H altogether. If it happens, it will be bad not only for the profession but also
      U.P.SALETAXASSN. v. TAXATION BAR ASSN. [K. RAMASWAMY,J.)            239

for freedom, democracy and rule of law in the country.                            A

       In Cowt of its own motion v. Mr. B.D. Kaushik & 01:1·., [ 1991 I 4 Delhi
Lawyer 316, a Full Court of the Delhi High Court was constrained to
consider the outrageous conduct on the part of M/s. B.D. Kaushik,
Rajinder Kumar, Rajiv Khosla, Jugal Wadhwa, R.N. Vats, Jatin Singh and
P.S. Rathee, contemners in that case. The contemners, aided and abetted
                                                                                  B
by others in large number stormed various court rooms on September 26,
1991 at about 10.30 a.m., when Judges were transacting their judicial
functions; they individually and collectively stood on the chairs, tables and
dais of the Court masters and acted in a menacing manner, shouted abuses.
and slogans such as "Chief Justice and Judges Hai Hai, Murdabad". They            c
also prevented various lawyers from discharging their judicial functions as
officers of the Court and also stopped the litigants from conducting their
cases in the Court. In a threatening tone they also shouted at the Judges
saying "Stop the work, we will not allow the courts to function and you
should retire to your chambers". They insisted upon the Chief Justice in          D
his Court to listen to their Memorandum to be read by Rajiv Khosla which
was read by B.D. Kaushik, the President of the Association. The contents
of the Memorandum scandalised or tended to lower the authority of the
High Court. This outrageous and unbecoming episode continued to linger
on and hover in the High Court till almost 12.30 P.M. The conscience of
the Court was shocked due to the contumacious conduct of the contemners           E
for initiation of the Court's suo mottu action under Article 215 of the
Constitution. The Full Bench, Per majority, held that the contempt com-
mittea by the contemners is gravest and that it could not be imagined that
any contempt worse than that was possible, as the contempt was committed
not by laymen but by those who are officers of the courts.                        F

       In Common Cause v. Union of India, (1995] 1 SCALE 6, this Court
is directly grappling with the problem of strike by Advocates. Noticing that
it was not necessary to go into the wider question whether members of the
profession could at all go on strike or boycott courts, it was felt that a
committee be constituted in that behalf to suggest steps to be taken to           G
prevent such boycott or strike. The committee suggested that, instead of
the Court going into the wider question, interim arrangements be made to
see whether it would be workable. The suggestions made on November 13,
1994 were incorporated in the order passed by this Court as an interim
measure that the Advocates should not resort to the strike or boycott the         H
                                                                                       (

                                                                                       (

    240                   SUPREME COURT REPORTS [1995] SUPP. 3 S.C.R.

A   court or abstain from court except in serious, rarest of rare cases; instead,
    they should resort to peaceful demonstration so as to avoid causing
    hardship to the litigant public.

          The Court indicated as under :

B            "(1) In the rare instance where any association of lawyers (includ-
             ing statutory Bar Councils) considers it imperative to call upon
             and/or advise. members of the legal profession to abstain from
             appearing in courts on any occasion, it must be left open to any
             individual member/members of that association to be free to ap-
c                                    .
             pear without let, fear or hindrance or any other coercive step.

             (2)No such member who appears in court or otherwise practices
             his legal profession, shall be visited with any adverse or penal
             consequences whatever by any association of lawyers, and shall not
             suffer any expulsion or threat of expulsion therefrom.
D
             (3) The above will not preclude other forms of protest by practicing
             lawyers in courts such as, for instance, wearing of arm bands and
             other forms of protest which in no way interrupt or disrupt the
             court proceedings or adversely affect the interest of the litigant.
             Any such forms of protest shall not 'however be derogatory to the
E
             court or to the profession.

             (4) Office bearers of a Bar Association (including Bar Council)
             responsible for taking decisions mentioned in clause (1) above shall
             ensure that such decisions are implemented in the spirit of what
F            is stated in clause (1), (2) and (3) above."

            Accordingly, the ·court directed the members of the Bar to adopt
    further course of action in terms thereof. Instead of working that order in
    its letter and spirit and given a trial, strikes or boycotts of courts/tribunals
    are being continued abegging. When in writ petition No. 553/94 titled
G   Supreme Cowt Bar Association v. State of U.P. & Ors., concerning contempt
    of the High Court by some of the members of the Bar Association of
    Allahabad High Court and the Police officials had come up for orders,
    pursuant to a suggestion made by the Bar by order dated February 21,
    1995, this Court directed the Attorney General .to convene a meeting of
H   some of the leading senior members of the Bar of the Supreme Court to
         U.P.SALETAXASSN.v.TAXATIONBARASSN.[KRAMASWAMY,J.]                  241

    suggest ways and means to tackle the problem of strike or boycott by the      A
    Advocates. Pursuant thereto, the Attorney General for India held two
    meetings, whereat they reached consensus that a Standing Committee be
    constituted at different levels of courts to consider complaints and to
    manage the crisis. Similar views appears to have also been expressed by
    the Bar Council of India and also the Bar Council of State of U.P. The
                                                                                  B
    problem was relegated to be considered in the Common Cause Case
    (supra). However, it would be imperative to remind ourselves that self-
    regulation alone would retrieve the profession from lost social respect and
    enable the members of the profession to keep the law as useful instrument
    of social order.
J                                                                                 c
           In this case, the respondent-Association and the advocates resorted
    to boycott the courts on the specious plea of non- transfer of Satti Din, the
    appellate authority, who seems to be honest and willing to discharge his
    duties diligently. When the Government stuck to its stand and did not yield
    to the pressure despite the strike, the Bar Association filed writ petition in D
    the High Court. Question is whether the High Court was justified in
    entertaining the writ petition and issuing the directions quoted above. The
    High Court has power to issue a writ of prohibition to prevent a court or
    tribunal from proceeding further when the inferior court or tribunal (a)
    proceeds to act without or in excess of jurisdiction, (b) proceeds to act in
    violation of the rules of natural justice, (c) proceeds to act under law which E
    is itself ultra vires or unconstitutional, or (d) proceeds to act in contraven-
    tion of the fundamental rights. None of these situations indisputably arises
    in this case. As noted above, Section 9 of the Act is a complete code in
    itself for conferment of jurisdiction on the appellate authority, the proce-
    dure for dispensation and the power to pass orders thereon. The appellate F
    authority was acting in furtherance thereof. It is, therefore, to be seen
    whether the High Court was justified in issuing orders restraining the
    authority from exercising those statutory powers and further to deprive that
    authority to exercise those powers by transfering the same to any other
    jurisdiction.
                                                                                  G
          S. Govinda Menon v. Union of India & Anr., AIR 1976) SC 1274,
    relied on by the 1st respondent is of no avail. In that case the acts and
    omissions were imputed to the officer, doubting his integrity, good faith
    and devotion to duty expected of a civil servant, though integral to the
    discharge of statutory functions under the Madras Hindu Religious and H
                                                                                    ,_
    242                   SUPREME COURT REPORTS [1995] SUPP. 3 S.C.R.

A Charitable Endowments Act, 1951. The question was whether the officer
    is amenable to· disciplinary jurisdiction when his conduct or integrity was
    subject of disciplinary enquiry under all India Services (Discipline and
    Appeal) Rules, 1955. It was held therein that he was amenable to discipli-
    nary jurisdiction and action for misconduct. This case has no relevance to
B
    the facts of the present case.

          The decision in Dwarka Nath v. Income-tax Officer, Special Circle, D
                                                                                     -
    Ward, Kanpur & Anr., AIR (1966) SC 81 also is of no assistance to the 1st
    respondent. Though this court was considering the scope and nature of the
    jurisdiction of the High Court under Article 226, there is no doubt now as
C   regards the scope of the jurisdiction of the High Courts. However wide its
    power be, the question is whether a writ or order of prohibition could be
    issued prohibiting a statutory authority from discharging its statutory func-
    tions or transferring those functions to another jurisdiction.

          Having given our anxious and careful consideration, we are of the
D considered view that the High Court does not have the aforesaid power.
    Exercise of such power generates its rippling effect on the subordinate
    judiciary and statutory functionaries. On slightest pretext by the aggrieved
    parties or displeased members of the Bar, by their concerted action they
    would browbeat the judicial officers or authorities, who would always be
E   deterred from discharging their duties according to law without fear dis-
    charging their duties according to law without fear or favour or ill-will.
    Therefore, we hold that writ petition is not maintainable. The impugned
    orders are clearly and palpably illegal and are accordingly quashed.

        Before parting with the case, we are distressed to notice, as rightly
F pointed out by the learned Solicitor General, that an: advocate instead of
  arming himself with armoury of precedents, was armed with licenced
  revolver and was attending the courts with licenced fire-arm. He pretended
  to provide himself with the revolver to shoot in self-defence. It is regret-
  table that advocates attend court with fire arms; it is not befitting to the
G dignity of the legal profession and is a distressing feature. Such conduct
  being not consistent with the dignity of the legal profession, to maintain
  and enhance which the 1st respondent is formed, the same needs to be
  deprecated.

         Before drawing the curtain on this unsavoury episode, we express our
H   deep appreciation for valuable assistance rendered by Shri Dipankar
       U.P. SALE TAX ASSN. v. TAXATION BAR ASSN. [K RAMASWAMY, J.)   243

Gupta, learned Solicitor General as amicus curiae and learned counsel       A
appearing for the parties.

     The appeal is accordingly allowed and the writ petition stands dis-
missed but, in the circumstances, without costs. The interim order passed
becomes non-functional automatically.
                                                                            B
D.P.                                                    Appeal allowed.