New Delhi: The Supreme Court Monday sought a report from the Bar Council of India (BCI) regarding details of the action taken by state bar councils in the last one year against lawyers who went on strike or boycotted courts.
A bench comprising justices Sanjay Kishan Kaul and Sudhanshu Dhulia emphasized that advocates cannot be allowed to stall court proceedings and the justice delivery system. The top court asked the BCI counsel to give details of what action has been taken in the last one year by the state bar council against the lawyers’ strike.
Advocate Prashant Bhushan, representing Common Cause NGO, pointed at the strike which was observed by the members of the Delhi High Court Bar Association against the recently notified transfer of Justice Gaurang Kanth from the Delhi High Court to the Calcutta High Court. The top court told Bhushan that the compilation will include this strike too.
The top court also asked the BCI to file an affidavit detailing the draft rules it has framed on disciplinary action that may be taken against lawyers who went on strike. During the hearing, the bench said there could be differences in views on a particular matter, “but like we have said before, you cannot boycott courts of law, stop people from getting bail or the administration of justice”. The top court has scheduled the matter for further hearing after four weeks.
The bench passed the order while hearing a contempt petition filed by an NGO Common Cause seeking action against lawyers who boycott court work. In May this year, the apex court was informed that state bar councils representatives have conducted a meeting during which steps were taken to amend norms for disciplinary action against lawyers who go on strike.
The top court, in January this year, expressed its disappointment with the BCI on the delay regarding concrete steps to prevent lawyers' strikes across the country.
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