Lawyers' Strike- Bar Can Hold Meeting To Condole Someone's Demise But No Right To Obstruct Court Functioning: Allahabad HC

The Allahabad High Court has recently observed that the Members of the Bar are free to hold a meeting to condole the demise of any member or anyone else, but they do not have the right to obstruct the functioning of Courts.

The Bench of Justice J. J. Munir observed this while dealing with the affidavits filed before it by the President and the Secretary of Commissioner Court's Bar Association, Ayodhya tendering their unconditional apology for the repeated strikes.

Essentially, due to the repeated strikes, the proceedings in a case pending before Additional Commissioner, Faizabad (First) Ayodhya Division, Ayodhya could not see any progress and when that very matter was brought to the notice of the Court, it had earlier called for a report from the Commissioner in the matter.

On December 17, 2021, the Court perused a report filed by Additional Commissioner, Faizabad (First) Ayodhya Division, Ayodhya in compliance with the court's order highlighting the dates on which the case at hand could not be taken up by the Commissioner because of the strikes called by members of the Bar.

Court's December 17 observations

Persuing the Commissioner's report, the Court had noted that the Faizabad Bar Association and the Commissioner Court's Bar Association had virtually brought the functioning of the Commissioner's Court to a standstill as they were indulging in rampant and repeat strikes.

The Court also took note of the fact that earlier some affidavits were filed by the former Presidents and the Secretaries of the Faizabad Bar Association and the Commissioner Court's Bar Association, undertaking that they will not abstain from judicial work, except under some extraordinary circumstances.

However, the Court noted that in breach of the said undertaking, the two office-bearers were indulging in repeat and rampant adoption of resolutions, asking the Members of the Bar to abstain from judicial work and therefore, the Court, on December 17, sought the affidavits of the President and the Secretary, Commissioner Court's Bar Association.

On December 23, filing the required affidavits, the President, Commissioner Court's Bar Association, and the Secretary appeared before the Court through their counsels and tendered their unconditional apology.

The said Affidavits assured the Court that no resolution abstaining from work shall be passed by the Association except for any grave situation and that all possible efforts shall be made and full support shall be extended by the Association to ensure proper and uninterrupted functioning of the Court.

Court's observations made on December 23

At the outset, noting that apology given by the President and the Secretary of the Bar Association was 'qualified', the Court said that as per Supreme Court Order in District Bar Association, Dehradun through its Secretary Vs. Ishwar Shandilya and Others, AIR 2020 SC 1412, no kind of freedom or right entitle a Bar Association to give a call for any kind of strike or boycott of Courts.

Therefore, the Court accepted the apology without any qualifications and ordered that until further orders, the Commissioner's Court Bar Association, Ayodhya, shall not pass any resolution, abstaining from judicial work, whether styled as a strike or a call to abstain from judicial work, a condolence resolution that has the effect of withdrawing Advocates from judicial work, by whatever name called.

"The Members of the Bar are free to hold a meeting to condole the demise of any member or anyone else, but they do not have the right to obstruct the functioning of Courts. The undertaking given today, on the basis of which this order is passed, shall not only apply to the incumbent President and Secretary of the Commissioner's Court Bar Association, Ayodhya but to all their successors-in-Office," the Court further added.

So far as the present petition was concerned, the Court directed that the Additional Commissioner Faizabad (First), Ayodhya Division Ayodhya, shall proceed with the case in question on a day-to-day basis and submit a status report also by the next date fixed.

Lastly, the Court ordered that the petition be listed again as fresh on January 28, 2022 by which time, the Commissioner, Ayodhya Division Ayodhya, shall submit a report to this Court indicating whether any resolution obstructing the judicial work or withdrawing the Members of the Bar from their professional duties has been passed by the Bar Association.

Case title - Imtiyaj Ali & Ors. v. Addl.Commissioner Faizabad-I,Mandal Ayodhya,Ayodhya & Anr

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