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Bar Associations Are Not Supposed To Settle Disputes By Resorting To Strikes : SC [Read Order]

Akshita Saxena
3 Sep 2019 3:16 AM GMT
Bar Associations Are Not Supposed To Settle Disputes By Resorting To Strikes : SC [Read Order]
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The Supreme Court last week criticized the call for strikes made by Bar Associations of Allahabad and Oudh observing that they are "not supposed to settle their demands by resorting to strikes which may lead to nothing but delaying the justice to litigants"."We request both the Bar Associations not to indulge in the strike at all as the courts are meant for delivering justice, the doors of...

The Supreme Court last week criticized the call for strikes made by Bar Associations of Allahabad and Oudh observing that they are "not supposed to settle their demands by resorting to strikes which may lead to nothing but delaying the justice to litigants".

"We request both the Bar Associations not to indulge in the strike at all as the courts are meant for delivering justice, the doors of which cannot be shut down to the litigants whose life, liberty and property are in danger. Lawyers have the duty not only to the system, but also to the society and the country. They belong to a noble profession which has a high respect in the society and that is why, lawyers form different respectable class of society. We expect that good sense will prevail in both the Bar Associations and they are not supposed to settle their demands by resorting to strikes which may lead to nothing but delaying the justice to the litigants.", observed the bench of Justices Arun Mishra and M R Shah.

The cause of the strikes was a suo moto direction issued by the Allahabad High Court to establish Education Tribunal at Lucknow instead of Allahabad.

Challenging the suo moto order, the Bar Associations approached the Supreme Court. The Apex Court held that the High Court could not have passed suo moto order in that fashion and set it aside.

At the same time, the SC observed that the Bar Associations should not indulge in strikes.

Lawyers have the duty not only to the system, but also to the society and the country, added the Court, after referring to the huge arrears of cases in UP.

"There are already approximately 10 lakh matters pending in the High Court of Judicature at Allahabad. That is why, more responsibility lies on the Office Bearers of both the Bar Associations to behave in a more responsible manner and to ensure that the Courts are not closed even for a day and work is continuously done there, otherwise the day is not away when some devise will have to be worked out how the arrears can be reduced and speedy justice can be rendered to the litigants."

"If the Bar Associations resort to strike in this method and manner, this Court keeps the options open to take up the matter on the judicial side and to deal with it in accordance with law.", cautioned the SC.

However, the Allahabad HC Bar Association resorted to strike and demonstrations despite the caution issued by the Supreme Court in the aforementioned order. The members began the strike on August 27 to express their anguish over the setting up of Education Tribunal. The strike has remained unabated since then.

On Monday, the Chief Justice of Allahabad High Court, Justice Govind Mathur issued a notice, appealing the advocates of the Allahabad High Court Bar Association (HCBA) to end their strike and resume work.

The notice appeals all advocates of the HCBA to discharge their duties and ensure smooth functioning of the court. It has also drawn reference to the SC order. In this light, the  Chief Justice urged the advocates to resume work in public and institutional interests.

 A general meeting of the HCBA is scheduled to be held in the Bar Association Library at 1 pm today.

Click here to download order

Read SC Order


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