'Lawyers Are Obligated To Ensure Smooth Functioning Of Courts': CJ Of Karnataka HC Appeals To Advocates To Not Abstain From Court Work [Read Statement]

"It is a settled position of law that the acts of abstaining from Court work or boycotting the Court proceedings and the acts of the office bearers of the Bar Associations calling upon the members of the Bar to abstain from the Court work or to boycott the Court proceedings amounts to interference with administration of justice.

Advocates are the officers of the Court and enjoy special status in society. They have obligations and duties to ensure smooth functioning of the Court," the statement read.

The Bar Associations in different parts of Karnataka have frequently indulging in abstention/boycotts for varied reasons, such as police atrocities, assault/death of advocates, demand for formation of district, encroachment of Court property, etc.

In this view, as many as 357 working days of the court had been lost during the period 27-05-2019 to 24-10-2019, the Chief Justice noted.

He reminded the lawyers that the acts of abstention/ boycott of Courts or for that matter, the acts of the office bearers of the Bar Associations calling upon its members to abstain from work amounted to interference with administration of justice.

He cited the ruling in Ex-Capt. Harish Uppal v. Union of India & Anr., (2003) 2 SCC 45, wherein the Apex Court unequivocally held that the lawyers had no right to go on strike or give a call for boycott.

"The protest, if any is required, can only be by giving press statements, TV interviews, carrying out of 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 fasts etc. It is held that lawyers holding Vakalats on behalf of their clients cannot not attend Courts in pursuance to a call for strike or boycott. All lawyers must boldly refuse to abide by any call for strike or boycott," the Supreme Court had held.

Accordingly, the Chief Justice said,

"It is distressing to note that the members of some of the Bar Associations in different parts of the State of Karnataka are frequently resorting to acts of abstaining from or boycotting the Courts for various reasons. Such acts of abstaining from the Courts cause interference in the administration of justice. Such acts also cause inconvenience and prejudice to the litigants.

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Hence, I hereby appeal to all the members of all the Bar Associations in the state to refrain from abstaining from the Court work or from boycotting the Court proceedings, irrespective of the genuineness of the cause and not to indulge in such illegalities."

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