FACTS IN BRIEF :- The issue for deliberation in the present case was, whether lawyers have a right to strike and/or give a call for boycotts of Court/s? The Petitioners sought a declaration that such strikes and/or calls for boycott were illegal.
ARGUMENTS:- The Petitioners submitted that strike as a means for collective bargaining was recognized only in industrial disputes and lawyers who were officers of the Court could not use strikes as a means to blackmail the Courts or the clients. They further argued that the call for strike by lawyers was in effect a call to breach the contract which lawyers have with their clients. On the other hand, the legal fraternity submitted that lawyers retained the right to strike in rare cases in order to get their concerns communicated in the event of improper treatment being given to them.
JUDGMENT:- The Supreme Court declared that lawyers have no right to go on strike or give a call for boycott, not even on a token strike. The protest, if any is required, could only be made by giving press statements, TV interviews carrying out of the Court premises banners and/or placards, wearing black or white or any colour arm bands, peaceful protect marches outside and away from Court premises, going on dharnas or relay facts etc. The Court, acknowledging the fact that even those lawyers willing to attend the Court could not attend owing to the strike or boycott, asked the lawyers to boldly refuse to abide by any call for strike or boycott. The Court also declared that no lawyer could be visited with any adverse consequence by the Association or the Council and no threat or coercion of any nature including that of expulsion can be held out in an event of his refuse to attend to the strike/boycott.
The Court also observed that an Advocate is an officer of the Court and enjoys special status in society. They have obligations and duties to ensure smooth functioning of the Court and they also owe a duty to their client. Strikes are an interfere with administration of justice, disrupt Court proceedings and put interest of their clients in jeopardy. Thus the Court imposed a blanket ban on strikes by lawyers.
FOR COMMON MAN:- In consequence of this decision the legal position is that lawyers cannot go on strike. This judgment has given relief to thousands of helpless people involved in litigation. This case clearly lays down that if an advocate does not appear before a court by reason of a call for strike or boycott, then on a complaint from a client against an advocate for non-appearance, the Supreme Court can take disciplinary action under Section 38 of Advocates Act.
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