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The bar council has been called in to set rules to reduce the lawyers’ strike.

The bar council has been called in to set rules to reduce the lawyers’ strike.
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The bar council has been called in to set rules to reduce the lawyers’ strike.

The bar council has been called in to set rules to reduce the lawyers’ strike.

Highlights

  • Frequent strikes by lawyers affect the functioning of the courts
  • The Bar Council of India became serious about the matter and called a meeting
  • The meeting will be attended by representatives of all state bar councils.

New Delhi
The Bar Council of India has convened a meeting of the state Bar Council to reduce the strike and make rules for taking action against lawyers who incite others through social media to go on strike. The BCI informed the Supreme Court. BCI president and senior advocate Manan Kumar Mishra told a bench of Justices DY Chandrachud and MR Shah that they have convened a meeting of all the state bar councils on September 4.

The BCI told the Supreme Court

Mishra said, ‘We are going to hold a meeting of all the state bar councils and associations on September 4 and in it we propose to make rules to reduce the strike of lawyers and take action against lawyers who incite other people to strike through social media. Will keep. ‘ The bench recorded Mishra’s representation and said it appreciated the BCI’s move. At Mishra’s request, the apex court adjourned the case till the third week of September.

At the start of the hearing, Mishra apologized for the delay in complying with the court order last year due to the spread of the coronavirus epidemic and failure to give prior notice. The apex court had on July 2 said that it had given its verdict on February 2 last year and directed the BCI and the state bar council to give concrete instructions to deal with the problem of lawyers absent from work and going on strike.

The lawyers’ strike continues

The apex court had on February 28 last year expressed displeasure over the strike by lawyers in the Uttarakhand district courts every Saturday for 35 years due to reasons like ‘bomb blast in Pakistan’ and ‘earthquake in Nepal’. Lawyers who continued the weekly strike were warned to take action related to the contempt action. Declaring the strike illegal, the court had sought reply from the BCI and all the state bar councils within six weeks for further action to address the issue of lawyers going on strike / not coming to work.

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The issue of lawyers’ strike came up during the hearing of the appeal filed against the decision of the Uttarakhand High Court. In the decision, the High Court had declared illegal strikes or boycotts of courts every Saturday in Dehradun and most parts of Haridwar and Udham Singh Nagar. Stating that the High Court order was completely justified, the bench said that it was the right case to initiate contempt proceedings on its own.

Referring to the report of the Law Commission

The High Court in its judgment dated September 25, 2019 had referred to the 266th report of the Law Commission. In its report, the commission, after analyzing the statistics of loss of working days due to lawyers’ strike, said that it affects the functioning of the courts and contributes to the increase in the number of pending cases.

According to the information sent by the High Court to the Law Commission regarding Uttarakhand, lawyers in Dehradun district went on strike for 455 days during 2012-2016, while Haridwar had a strike of 515 days. Referring to the report of the Law Commission, the High Court in its judgment had stated that lawyers are absent from the court on local issues ranging from national and international issues which have nothing to do with the functioning of the court.

Weekly strike continues for 35 years!
The High Court had said, for example, issues such as school bombings in Pakistan, amendments to the Sri Lankan constitution, interstate water disputes, attacks or killings of lawyers, earthquakes in Nepal, mourning over the death of close relatives of lawyers and torrential rains and poets’ gatherings.

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The High Court, in its judgment, noted the fact that protests have been going on in western Uttar Pradesh for the last 35 years by boycotting court proceedings on Saturday. These three districts were part of Uttar Pradesh before the formation of the state of Uttarakhand on November 9, 2000 after the reorganization of Uttar Pradesh.

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