Lawyers Strike: Allahabad High Court Refrains From Making Observations On Bar Council's Competence To Issue Resolutions For Abstinence From Work

"Exercising judicial restraint", the Allahabad High Court today refrained from making any observations on the (lack of) authority of the UP Bar Council to issue resolutions calling for lawyers strike, contrary to the statute and judgments of the Supreme Court.

Justice Kshitij Shailendra however penned his dismay at the continued strike by lawyers over Police lathicharge on lawyers in Hapur District, despite positive judicial intervention in the matter.

The High Court had taken suo moto cognizance of the incident on September 4 and had directed the Police to register and probe the FIRs of the lawyers on the issue. Last Saturday, it held a special sitting to constitute a judicial committee to address the lawyers grievances.

However, the very next day, the Bar Council of Uttar Pradesh passed a resolution stating that lawyers will continue to abstain from work for two more days, i.e. on Monday and Tuesday. Court recorded non-appearance of counsel despite making available VC links for virtual hearings. The working remained suspended even today. The High Court Bar Association, Allahabad and Oudh Bar Association, Lucknow have been passing resolutions to abstain from work on day-to day basis.

It is in this backdrop that the Court today listed the following actions that it could take:

“(i) to dismiss the present case for want of prosecution;

(ii) to throw it in the ocean of "listed matters" where the hopes of hearing for years would be quite bleak, if not negligible;

(iii) to make observations regarding validity of present strike coupled with power, authority and competence of State Bar Council to issue resolutions contrary to the statute and judgments of Hon'ble Supreme Court;

(iv) to make comments on the stand and act of High Court Bar Association, which is an independent body and a society registered under the Societies Registration Act, 1860, supposed and competent to function as per its own wisdom but, unfortunately, is indulged in continuously imposing upon itself void resolutions having no sanction of law.”

The Court, however, decided to exercise judicial restrain in passing any orders to the detriment of the litigants “who have reposed confidence and faith in the Institution of justice and may also result in further chaos or clash.”

Adjourning the fresh cases for a future date, the Court observed,

“ The Court, with a very heavy heart, adjourns this matter in the interest of justice with the hope and trust that the lawyers would understand not only the plight, woes, cry and grievance of the society at large, but also their own well-being and would soon turn up to argue the case honouring the decisions of the Apex Court of the nation, as cited above.”

Also Read: Lawyers Grievance Not Greater Than Tears & Pain Of Litigants: Allahabad High Court On Continuous Strike By Lawyers