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The Supreme Court on Monday issued notice to the President, Secretary and the office bearers of the Bar Association of High Court of Rajasthan at Jaipur to show cause why contempt proceedings may not be initiated against them for going on a one day strike on Sep 29, 2021.

“To go on strike by the Bar Association and the lawyers is absolutely contemptuous…”, said a bench of Justices MR Shah and AS Bopanna.

In the present case, noted the bench, the advocates in the High Court of Rajasthan at Jaipur went on strike on Sep 27, 2021.

Senior Advocate Manan Kumar Mishra, who is also the Chairman of the Bar Council of India (BCI) submitted that the BCI had issued notice to the said Bar Association and that there was a call to boycott only one court.

To this, the bench retorted:

“Even that cannot be tolerated. To boycott only one court will hamper the independence of judiciary and there may be a pressure on the particular judge whose court is boycotted and it may lead to demoralize the judiciary.”

The court said it had explicitly held that the lawyers have no right to go on strike or even token strike or to give a call for strike. While holding Vakalat on behalf of clients, they cannot abstain from appearing in courts in pursuance of a call for strike or boycott, it added.

“… it is unprofessional as well as unbecoming for a lawyer to refuse to attend the court even in pursuance of a call for strike or boycott by the Bar Association or the Bar Council”, observed the Bench.

Relying on its judgement in Krishnakant Tamrakar vs. State of M.P., (2018) 17 SCC 27, wherein the court had the occasion to consider how uncalled for frequent strikes obstructs the access to justice and what steps are required to remedy the situation, the Bench remarked yesterday that access to speedy justice is a part of the fundamental rights under Articles 14 and 21 of the Constitution of India.

With this view, notices have been issued to the office bearers with a direction to the Registry that notices be served through the Registrar General of the High Court of Rajasthan at Jaipur.

Also, the Registrar General of High Court of Rajasthan is directed to see that the notices upon the office bearers/President/Secretary of the Bar Association of the High Court of Rajasthan is served upon them well in time.

Cause Title: District Bar Association Dehradun v. Ishwar Shandilya & Ors.

Click here to access copy of Order.