New Delhi: The Supreme Court on Friday termed, as illegal, strikes by advocates in Uttarakhand on Saturday, a working day, since the past nearly 35 years, on grounds such as international terror attacks, moral support to social movements, natural calamities, ‘kavi-sammelans’, family bereavement of some advocates etc.,
A bench of Justices Arun Mishra and M.R. Shah said strikes by lawyers on these grounds as tantamount to contempt of court and asked the Bar Council of India and the state bar association to take note of itse judgment and accordingly formulate action against lawyers who participate in strike. The three districts of the hill state where strikes were in practice are Dehradun, Haridwar and Udham Singh Nagar.
The apex court, terming the strikes a “joke”, said that this practice has been prevalent for more than 35 years, and violated previous court orders and also resulted as an obstacle in access to justice.
The issue was brought before the top court during the hearing of an appeal against the verdict of the Uttarakhand High Court which ruled these strikes or boycotts of court work on all Saturdays by lawyers as “illegal”.
The apex court, justifying the High Court order, said it is a fit case to initiate suo moto contempt proceedings.
“To mention a few, bomb blast in a Pakistan school, amendments to Sri Lanka’s Constitution, inter-state river water disputes, attack on/murder of an advocate, earthquake in Nepal, condoling the death of near relatives of advocates, expressing solidarity to advocates of other state bar associations, moral support to movements by social activists, heavy rains… and even for kavi-sammelans,” the high court had noted in its 2019 verdict.
While reserving its order, the top court had said: “You are doing a joke. Family member of advocate dies and the entire bar will go on strike? What is this?”
The High Court, in its September 25, 2019 verdict, cite the 266th report of the Law Commission, which after analysing data associated with loss of work as a result of strikes, opined that such practices contribute towards increasing pendency in courts.
According to the information sent by the High Court to the Law Commission from 2012-2016, advocates were on in Dehradun district for 455 days, and in Haridwar for 515 days.
Citing the Law Commission’s report, the high court noted that strikes were irrelevant and could not be justified.
The High Court noted the origin of this culture of strike on Saturdays for over 35 years was connected to the western part of Uttar Pradesh, the parent state, before Uttarakhand was carved out on November 9, 2000. The High Court observed lawyers in western Uttar Pradesh have been on strike in following their demand for setting up of a High court bench in the region.
