Orissa High Court grants bail to 29 lawyers accused of vandalism in Sambalpur District Court

The Orissa High Court on Saturday granted bail to 29 advocates who were arrested for alleged vandalism in Sambalpur District Court [Sureswar Mishra and Anr. vs State of Odisha].However, Justice V Narasingh while granting bail said that the Odia lawyer and founder of the State of Odisha, Madhusudan Das, would have hanged his head in shame and despair knowing that the advocates were accused of vandalizing the temple of justice.."Birthday of grand old man of Odisha (Kula Brudha) Madhusudan Das popularly known as Madhu Barrister is celebrated every year in this State on 28th of April as “Lawyers Day”. He would have hanged his head in shame and despair knowing that the petitioners-advocates, whose licenses to practice have been suspended by the Bar Council of India, are accused of vandalizing the temple of justice," the Court said..The lawyers were arrested and also had their licenses suspended by the Bar Council of India (BCI) after their 'Satyagraha' for a new bench of the High Court for western Odisha turned violent. Some lawyers had clashed with the police and also vandalised the Sambalpur District Court..Their bail applications were rejected by the District Court on January 4, 2023. Hence, they appealed to the High Court..The petitioners said that there actions were not premeditated and it was an expression of collective anger at the disappointment of legitimate local aspirations being not redressed. Given that they had no criminal antecedents, they pressed for bail..The counsel for the State relied upon the recitals in the case diary to argue that there was material on record to indicate that the petitioners chose to take the law into their hands. It was further stated that by their overt act, the petitioners undermined the rule of law..The Court underlined that lawyers are an integral part of the justice delivery system and stated that their conduct was deplorable. However, it reiterated that the law mandates treating all accused with an even hand..It further said that there was no doubt that the petitioners undermined the majesty and dignity of the court and that it was by sheer providence that the judicial officers and staff of the Court did not suffer any serious injury.."It is the obligation of all concerned with the justice delivery system, to uphold the dignity of the Court which was unfortunately forgotten by the Petitioners and hopefully momentarily. Yet this Court is alive to the duty cast on it to treat the accused-Petitioners even in the face of allegations which is condemnable, uncompoundable and unpardonable with equanimity," the Court added..The Court then stated that it could not get swayed by emotions and reiterated that bail is the rule and jail is the exception. Therefore, it directed release of the 29 lawyers on conditional bail..The lawyers were ordered not to hold public meetings related to the case, not to post any opinion related to the case on media, or glorify their release. They were also ordered not to indulge in strikes..The petitioner-lawyers were represented by Senior Advocates Asok Mohanty and D Naya and advocates BK Ragada and LN Patel..The State was represented by Additional Standing Counsel KK Gaya, PK Maharaj and A Pradhan..[Read Judgment]