How Will Investors Have Confidence If Courts Are Defunct Due To Lawyers Strikes? Supreme Court

Expressing dismay at the 'culture' of lawyers' abstention from work in Uttar Pradesh, Justice Surya Kant of the Supreme Court today underlined that judicial work should not suffer even for an hour and the practice of lawyers' strikes in UP should be tackled to prevent undue agony to litigants.

"We want some effective mechanism where their grievances are also timely addressed. At the same time, the judicial work is not to be affected even for an hour. We are an emerging economy...investments are coming in...people believe in rule of law and an effective mechanism to enforce the rule of law. Otherwise, how will investors have confidence? You come here and find that lawyers are abstaining from work, court will be defunct...how can anybody have faith in the system? It's a national responsibility on everybody...See the disappointing happenings in the state of Uttar Pradesh...the Registrar General of High Court has sent his report", said the judge.

Justice Kant further highlighted the sufferings of a litigant who travels from afar only to find that lawyers are abstaining from work, and as such, his case can't be taken up.

"Common man, all the way, poor persons comes to the court and suddenly knows that my witness can't be examined...I can't get any relief, I can't get any stay, because Bar is abstaining from work...that kind of culture...really, immediately, we must have something to stop this kind of practice."

The matter is next listed on 20th December.

The observations came while a bench, comprising Justices Kant and Ujjal Bhuyan, was dealing with Faizabad Bar Association's plea against an Allahabad High Court judgment, whereby an Elders Committee was constituted to take over its affairs and ensure that the elections to its Governing Council are held by December 2024.

Previously, the Court had expressed serious displeasure at the Faizabad Bar Association for allegedly calling strikes and abstaining from judicial work. Subsequently, it called on the office bearers of the Association to file an undertaking that they will not pass any resolution, or become party to any resolution, for abstention of work. After the same was filed, the Court issued notice on the Association's plea and expressed an inclination to expand the scope of the proceedings, calling for data on abstention by all district Bar Associations across the state (atleast during 2023-24).

Notably, a recurring submission made by the Faizabad Bar Association in course of the previous proceedings was that its Executive Committee be allowed to continue until a new Committee is elected in December, 2024. In this regard, it was informed that the Elders Committee was functioning as an administrative committee.

Today, the same prayer was made again by Senior Advocate Rakesh Khanna (for Faizabad Bar Association), saying that the Executive Committee may be allowed to conduct day-to-day activities, while the rest are supervised by the Elders Committee. However, the bench refused to grant said relief. Be that as it may, it was clarified that the issue will be resolved on the next date of hearing.

"The issue of restoring the status of the elected office bearers upto the expiry of their term as per Rules will be resolved on the next date", said Justice Kant. The judge further advised the elected members to "have patience" and focus on the fresh elections.

It is worthwhile to mention that pursuant to the last order, a report was forwarded on behalf of the Allahabad High Court, as to the status of abstention of lawyers from work in UP. Drawing attention to the same, Senior Advocate K Parmeswar (for the High Court) said that the statistics are shocking. Accordingly, the Court directed that a copy of the report be supplied to the counsels, including Senior Advocate Rakesh Khanna, so they can assist the court regardless of their briefs.

CASE TITLE: FAIZABAD BAR ASSOCIATION Versus BAR COUNCIL OF UTTAR PRADESH AND ORS., SLP(C) No. 19804-19805/2024