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BREAKING : Proposing To Frame Rules To Curb Lawyers' Strikes & Court Boycotts, Bar Council of India Tells Supreme Court

Srishti Ojha
27 Aug 2021 5:47 AM GMT
BREAKING : Proposing To Frame Rules To Curb Lawyers Strikes & Court Boycotts, Bar Council of India Tells Supreme Court
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The Bar Council of India informed the Supreme Court on Friday that it is proposing to frame rules to curtail strikes by lawyers and court boycotts and to take action against bar associations who act in breach and against advocates who promote such strikes through social media.The BCI Chairman Senior Advocate Manan Kumar Mishar told a bench comprising Justices DY Chandrachud and MR Shah that...

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The Bar Council of India informed the Supreme Court on Friday that it is proposing to frame rules to curtail strikes by lawyers and court boycotts and to take action against bar associations who act in breach and against advocates who promote such strikes through social media.

The BCI Chairman Senior Advocate Manan Kumar Mishar told a bench comprising Justices DY Chandrachud and MR Shah that it has convened a meeting with all bar councils in this regard.

"We convened meeting of all bar council with BCI. We propose to frame rules to curb strikes and boycotts and rules to punish members of bar Association who go on strike without proper justification", Mishra told the bench.

On the last occasion, the bench had sought the assistance of the BCI Chairman to deal with the issue of lawyers strikes. The bench was hearing a suo motu case taken to deal with this issue.

Appreciating the stand taken by the BCI, the bench adjourned further hearing of the matter as the Council is already seized of the matter.

"Mr Manan Kumar Mishra who is also Chairperson of BCI has appeared in pursuance of the previous order. He submits that compliance with prior directions was delayed due to the onset of pandemic. A meeting has been convened by BCI with all Bar councils. BCI proposes to form rules to curtail strikes by advocates, propose action against bar association who act in breach & propose action against advocates who promote strikes on social media", the bench noted in the order.

"Since the BCI is seized with matter, we adjourn the matter on Mr Mishra's request to third week in September.  BCI to file an affidavit on steps taken. We appreciate steps taken by BCI", the bench added.

On February 28, 2020, the Supreme Court, taking a serious note of the fact that despite consistent decisions of the Court, the lawyers/Bar Associations go on strikes, had taken suo moto cognisance and issued notices to the Bar Council of India and all the State Bar Councils to suggest the further course of action and to give concrete suggestions to deal with the problem of strikes/abstaining the work by the lawyers.

The suo motu action of the Court came while dismissing an appeal filed by the District Bar Association Dehradun against a judgment of the Uttarakhand High Court which declared the lawyers strikes illegal.  
Case Title:  District Bar Association Dehradun v. Ishwar Shandilya & Ors.


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