Allahabad High Court Temporarily Restrains District Bar Associations In UP From Holding Strikes

In a stern direction to the bar bodies in the state of Uttar Pradesh, the Allahabad High Court has directed that none of the Bar Associations of any district courts in the state would resort to any strike till August 7."Holding of strike in teeth of the law laid down by the Supreme Court would be viewed as an act of ex facie contempt", a bench of Justice Ashwani Kumar Mishra and Justice Dr. Gautam Chowdhary further added in an order passed on July 16.This order has been issued in a matter where the bench issued a notice (in May this year) to the President and Secretary of the District Court Bar Association, Prayagraj, to show cause as to why contempt proceedings should not be initiated against them for "obstructing" the proceedings of the District Court Prayagraj for 127 days between 1 July 2023 and 30 April 2024.The Court had passed this order in a criminal contempt case registered under the orders of the Chief Justice after receiving a report from the District Judge, Prayagraj, specifying the days worked in the district judgeship at Prayagraj between 1 July 2023 and 30 April 2024.Hearing the matter on May 31, a division bench noted that the strike figures unequivocally demonstrated that the menace of strike/abstinence from work has “virtually crippled the justice dispensation system at the District Court Prayagraj”.“Resort to strike as a matter of routine for almost 60% of the working days over a period of 10 months goes to show that the judgeship at Prayagraj is working almost at 40% of its capacity. Incalculable harm is caused to the litigants and the cause of justice. The above figures clearly go to show that functioning of the district court stands substantially paralysed on account of indiscriminate resort to strike by the Lawyers,” the Court noted.Hearing the matter on July 8, the High Court directed key legal bodies, including the Bar Council of India (BCI), State Bar Council, High Court Bar Association (HCBA), and District Bar Association, Prayagraj, to submit their responses outlining specific measures to prevent advocates' strikes.On July 16, submitting its affidavit pursuant to the Court's direction, the Chairman of Bar Council of Indiai nformed the Court that he held a meeting with the respective stakeholders and a fresh meeting on the aspect relating to holding of strike in the different district courts of Uttar Pradesh is proposed to be held within next two weeks.It was also apprised to the Court that the BCI is committed to maintenance of peaceful working without any uncalled for strike by the lawyers and that appropriate modalities in that regard would be finalized soon. The statement made on behalf of Bar Council of India was also adopted by the counsel appearing for the Uttar Pradesh Bar Council as also by Senior Advocate R. K. OJha (representing the District Bar Association, Prayagraj).In view of this, the Court expressed its hope and trust that by the next date of listing (August 7), the Bar Council of India shall ensure that appropriate decisions are taken so as to contain the menace of strike in the district courts of Uttar Pradesh.The Court also requested the Presidents of the Allahabad High Court Bar Association and Advocates Association to remain present on the next date fixed along with the Chairman of Bar Council of India

Allahabad High Court Temporarily Restrains District Bar Associations In UP From Holding Strikes

Sparsh Upadhyay

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