Calcutta HC Deprecates Lawyers Strike; Directs Police To Take Action In Case Of Interference In Administration Of Justice [Read Order]

"the striking lawyers have not only brought the administration of justice to a standstill but have also in a flagrant manner obstructed the police personnel from discharging their official duties which amount to cognizable offence in law," Justice Joymalya Bagchi and Justice Suvra Ghosh said.

The observations were made while hearing a bail application wherein the bench was informed that due to lawyers' strike, police personnel were unable to enter the court premises and produce the original case diary.

Condemning the strike, the court cited the observations of a Constitution Bench of the Apex Court in Harish Uppal (Ex-Capt.) v. Union of India, (2003) 2 SCC 45, wherein it was held that lawyers have no right to go on strike or call for bandh or even a token strike.

"Only in rarest of rare cases where the dignity, integrity and independence of the Bar and/or the Bench are at stake and a protest abstention from work not more than a day may be entertained and to do so, the President of the Bar must consult and seeks permission from the Chief Justice or the District Judge in the matter," the court reiterated.

The court further said that in light of the ruling in Krishnakant Tamrakar v. State of M.P., (2018) 17 SCC 27, every resolution to strike and abstain from work is per se contempt. Thus directions were issued to the Superintendent of Police, Paschim Medinipur to take necessary steps so that police personnel, litigants, lawyers and all stake holders in the administration of justice are permitted to enter into the court premises. Further, the court said, any obstruction in that regard would amount to cognizable offence and prompt steps shall be taken against the offenders.

Case Details:

Case Title: In Re: - An application for bail under Section 439 of CrPC and In the matter of Aijul Gharami

Case No.: CRM 12209/2019

Quorum: Justice Joymalya Bagchi and Justice Suvra Ghosh

Appearance: Advocate R Das (for Petitioner); Advocates ZN Khan and T Mitra (for State)

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