'Not The Legal Recourse' : Bar Council Of India Seeks Withdrawal Of Strike By Delhi Bar Associations Over Judgment Convicting Rajiv Khosla

The Bar Council of India has written to the Bar Council of Delhi directing and requesting it to forthwith direct and ensure that the Coordination Committee of All District Court Bar Associations of Delhi immediately withdraw the call for complete abstinence from Judicial work by Lawyers in District Courts across the State on 9th November 2021.

According to the letter, it has been brought to BCI's notice that the Coordination Committee of All District Court Bar Associations of Delhi on 8th November have unanimously resolved to go on complete abstinence of work on 9th November in the District Courts against the recent judgment of Chief Metropolitan Magistrate, Mr. Gajender Singh Nagar, of the Tis Hazari Court, convicting former Delhi High Court Bar Association President Mr. Rajiv Khosla for assaulting a woman lawyer.

It has also been brought to BCI's notice that the issue would be discussed by the Co-odination Committee with the Chief Justice of Delhi High Court, and it has been resolved that in case the matter is not resolved to their satisfaction, the committee will observe "complete indefinite boycott of the court of concerned judicial officer.

Bar Council of India has therefore further directed and requested the State Bar Council of Delhi to issue directions to the Coordination Committee to withdraw the call for carrying on indefinite boycott of a Judicial Officer, if the issue being agitated upon by them is not resolved to their satisfaction.

According to BCI, frequent strikes further complicate issues and weaken the Advocates fraternity, as strikes are considered illegal by the Supreme Court of India, when it concerns Advocates, who are considered as officers of the court and as a part of the judicial machinery.

Citing Supreme Court's order in the case of District Bar Association Dehradun through its Secretary Vs. Shri Ishwar Shandilya & Ors, the letter has stated that as per the order, "abstaining and resorting to strikes or trying to subvert the judicial machinery by pressurising to change a judicial decision by way of abstaining from court work/strikes, by boycott of a judicial officer, and/or by trying to procure any other order/decision in any manner which is against the concepts and tenets and procedures of codified law, is not in any way the correct or legal course of action."

The letter addressed to the Chairman and Secretary of the Bar Council Of Delhi has stated that the course of action being adopted by the Committee is not the legal recourse available as per law. Further, being harbingers of the legal process, practice and procedure, the lawyers fraternity is expected to do the needful not through strike and agitation but by way of providing legal assistance to Mr. Rajiv Khosla to file an appeal against the impugned order and judgment and to avail of all other legal remedies available under the law.

"Calling upon all members of the Bar to abstain from judicial work for one day in District Courts across the State and thereafter further resolving to indefinitely boycott the judicial officer, if the discussion with Hon'ble Chief Justice of Delhi, does not go as per their desire, will not go down well with the litigant public, the common masses as well as with the judiciary." the letter states.

The Bar Council Of India through its Secretary Mr Srimanto Sen has further stated that while representations of any nature, as planned may be handed over and any legal recourse may be availed too, there should not be interference in the judicial and court work.

Click here to read/download the letter written by BCI to BCD