NEW DELHI: Terming strikes by lawyers as illegal for obstruction of access to justice, the Supreme Court has decided to act tough against erring advocates and Bar associations that passed resolutions for strike. A bench headed by Justice A K Goel has asked the Ministry of Law and Justice to compile information and present a quarterly report on strikes/ abstaining from work so that contempt proceedings would be initiated against lawyers.
“It is well known that at some places there are frequent strikes, seriously obstructing access to justice. Even cases of persons languishing in custody are delayed on that account. By every strike, irreversible damage is suffered by the judicial system, particularly consumers of justice. They are denied access to justice. Tax payers’ money is lost on account of judicial and public time being lost. Nobody is accountable for such loss and harassment,” the bench noted in its judgment. The Centre was asked to file an affidavit by June 30.
According to the Uttarakhand High Court, advocates were on strike for 455 days from 2012- 2016 - implying that on an average the lawyers went on strike for 91 days per year. The figures for UP courts are worse. It also expressed its displeasure over the way past judgments were not given due respect. “Even though more than 15 years have passed after the said judgment was rendered, the judgment of this court is repeatedly flouted and no remedial measures have been adopted.”
“The office bearers of the Bar Association/Bar Council who passed the resolution for strike or abstaining from work may also be liable to be removed from the position of office bearers of the bar Association forthwith until the Chief Justice of the concerned High Court so permits on an appropriate undertaking being filed by them,” the bench said.