Lawyers Cannot Be Compelled To Cease Work: Calcutta High Court Says WB Bar Council's Black Day Protest Against New Criminal Laws Not Mandatory

The Calcutta High Court has observed that the Black Day Protest called by the West Bengal Bar Council on 1st July, to protest against the implementation of the three new criminal laws is not mandatory for lawyers to attend.

A single bench of Justice Shampa Sarkar held:

It is a settled position of law that no one can be compelled to observe strike or cease work. Lawyers discharge public function for the litigants. Thus, this resolution of the Bar Council of West Bengal shall not be treated as a mandate on the learned advocates to abstain from work. Willing advocates are entitled to appear before the Courts all over West Bengal and Andaman & Nichobar Islands. No coercive measures or disciplinary action or any action shall be taken against such advocates who wish to espouse the cause of their clients and who appear for the interest of their clients. The rallies which have been asked to be organized are in the nature of request to the Bar Association, this cannot be treated as a mandate.

The Court clarified that lawyers would be free to choose whether to participate in the protest or not, and that the resolution passed by the Bar Council was not a mandate, but instead in the nature of a rquest. It was also held that no coercive action could be taken against lawyers who chose not to participate in the strike.

Earlier Live Law had reported on the unanimous resolution passed by the Bar Council, against the implementation of the three new criminal laws by the centre, which are set to replace the Indian Penal Code, Indian Evidence Act and Criminal Procedure Code.

Citation: 2024 LiveLaw (Cal) 150

Case: SAHASRANGSHU BHATTACHARJEE VS BAR COUNCIL OF WEST BENGAL AND ORS.

Case No: WPO/592/2024

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