2017 (4) TMI 363 - HC - Indian Laws

Strike call - abstain from court s work - Lawyers responsibility in discharging the duties of their profession - according to the petitioners, the call now given for the lawyers to abstain from Court work on 31st March 2017, is nothing but a strike which cannot be undertaken by the lawyers community - Held that - If one has to understand the implication or consequences of abstaining from work in general terms, the strike would mean abstaining from work apart form other meanings. It is nothing but demonstration of protest against the suggestions or resolution denying in line with the demand. It can also mean temporary stoppage of activities in protest against any act or a condition imposed. The observations in the case of ExCapt. Harish Uppal v. Union of India (2002 (12) TMI 562 - SUPREME COURT OF INDIA ) indicate that the proceedings inside the Court are always expected to be held which commands confidence of the public in the efficacy of the institution of the Courts. As also referred to the duties, obligations, responsibilities and the divine work of the community of the lawyers while discharging their professional duties. One has to remember fundamental rights of the litigant. Advocate is an Officer of the Court and plays an important role in the administration of justice. Lawyer must remember nobility and tradition of the legal profession. One cannot forget the past history of this country where lawyers community played a great role, be it political or social revolution. They contributed a great deal even by sacrificing their lives for the sake of the country during freedom struggle. They understand the problems of the litigants as well as the proceedings in the Court better than any one else in the system of dispensation of justice. The lawyers have a significant role to play, in the mechanism of dispensation of justice. The lawyers in performance of their professional obligations, are pillars of strength and hope for the society. We are confident of the wisdom of the lawyers as professionals. In the light of various judgments of the Apex Court and this Court, we hope that wisdom would prevail on the lawyers, so far as the present call to abstain from work is taken by the respondents. It is needless to say that everyone including the community of lawyers have to abide by the directions of the Apex Court in terms of Article 141 of the Constitution. In that view of the matter, we hope that the lawyers community would appreciate their responsibility in discharging the duties of their profession.

Summary

Issues:
1. Validity of the resolution passed by the Bar Council of India regarding abstaining from court work.
2. Legality of the call for strike by the Bar Council of India.
3. Comparison between local Bar Association strikes and national Bar Council calls.
4. Consideration of the Law Commission's suggestions and the legislative process.
5. Applicability of legal precedents on lawyers' strikes and protests.

Issue 1: Validity of the resolution passed by the Bar Council of India regarding abstaining from court work:
The High Court examined two Public Interest Litigations (PIL) challenging the resolution passed by the Bar Council of India on 26th March 2017. The resolution called for abstaining from court work on 31st March 2017 as a protest against the proposed amendment Bill of the Law Commission of India. The petitioners argued that it was premature to protest as the suggestions had not become law yet and could be challenged in court later. They contended that abstaining from work amounted to a strike, which is not permissible according to legal precedents.

Issue 2: Legality of the call for strike by the Bar Council of India:
The Bar Council of India justified the call for abstaining from work, citing rare circumstances where the dignity or integrity of the Bar and Bench was at stake, as per legal precedents. They argued that the Law Commission's suggestions warranted such action. However, the petitioners highlighted that lawyers have no right to go on strike as per the Supreme Court's judgment in ExCapt. Harish Uppal v. Union of India. The Court clarified that lawyers must find alternative ways to protest without disrupting court proceedings.

Issue 3: Comparison between local Bar Association strikes and national Bar Council calls:
The counsel for the Bar Council of Maharashtra and Goa distinguished between local Bar Association strikes and a national call by the Bar Council of India. They argued that the national call served the common interest of the entire lawyers' community. The Court was urged to consider the grievances raised by the Bar Council of India against the Law Commission's suggestions before passing judgment.

Issue 4: Consideration of the Law Commission's suggestions and the legislative process:
The Court emphasized the legislative process that the Law Commission's suggestions had to undergo before becoming law. It highlighted the stages involving Cabinet approval, Standing Committee scrutiny, and parliamentary debate. The Court noted that objections could be raised at various stages, and if the bill failed to get approval, the suggestions would not materialize. The Bar Council's grievances could still be addressed within this process.

Issue 5: Applicability of legal precedents on lawyers' strikes and protests:
The Court referred to legal precedents and the judgment in ExCapt. Harish Uppal v. Union of India, which prohibited lawyers from going on strike. Lawyers were directed to find alternative forms of protest that did not disrupt court proceedings. The Court stressed the importance of lawyers upholding their professional duties and responsibilities in maintaining the integrity of the legal system.

In conclusion, the High Court disposed of both petitions with observations emphasizing the need for lawyers to act responsibly and uphold the directions of the Apex Court. The judgment underscored the significance of lawyers' roles in dispensing justice and urged them to exercise wisdom and restraint in addressing grievances without resorting to strikes that disrupt court functions.