LAW RESOURCE INDIA

Legal NGO wants ban on lawyers’ strikes

Posted in DEMOCRACY, JUSTICE by NNLRJ INDIA on July 26, 2012

TIMES OF INDIA

KOCHI: Fiat Justicia, an NGO working in the legal field, has approached the Kerala high court seeking a ban on strikes by lawyers. The strike by lawyers on July 11 and 12 led to gross miscarriage and delay of justice and is against the specific directions of the Supreme Court in the matter, the petition filed through advocate M R Hariraj said.

Lawyers in Kerala had stayed off courts on July 11 and 12 as a mark of protest against the High Education and Research Bill and alleging encroachment upon the functions of the Bar Council of India as well as the State Bar Councils by the ministry of human resources development. The decision to support the strike was adopted by the Bar Council of Kerala in a meeting of the state council and all bar associations on July 1.

According to the petition, the court must restrain lawyers from resorting to strike and impose penalty on those engaging in it. It is also alleged that the Centre, state and high court didn’t take any action to avert the strike. It resulted in adjournment of over 90% of cases and is a violation of the directions of the Supreme Court in various judgments, the NGO contends. The NGO also points out that a representation was made to the chief justice of India demanding initiation of suo motu proceedings against those who conducted the strike.

The high court should issue specific directions to lower judicial forums that fall under the high court’s administrative superintendence as the supreme court held in Harish Uppal vs Union of India case in 2003 that damage caused by illegal call for strike by lawyers to parties must be compensated by suo motu action by the concerned courts.

2 Responses

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  1. ramanan50 said, on July 26, 2012 at 09:27

    The Lawyer’s behaviour in boycotting courts and executive orders concerning the Lawyers and the Court are on the increase.
    In Tamil Nadu,Lawyers gave grouped themselves into two,one belonging to The DMK and the another to The AIADMK..
    Whenever anything happens, the group belonging to the opposition takes out processions, boycott the Courts and often indulge in violence, including in the Courts.
    The violence in the Court premises between the Lawyers and The Police in Tamil Nadu is still vivid in memory.
    This has to be stopped.
    It would not be a bad idea to ban the lawyers to have political affiliations as well,on the lines of the conduct for the Judges ,as some of thee Lawyers may become judges..

  2. Augustine Jose said, on July 26, 2012 at 16:51

    This is indeed a praiseworthy step. However, the fact remains that there is no dearth of judicial pronouncements of the High Courts and the Supreme Court of India on the issue, but it is entirely a matter of non-enforcement of the law already settled by the highest court of this country, unfortunately by the lawyers themselves who are supposed to be noble officers of the Court. All right thinking lawyers and citizens would welcome strict observance of the law laid down by the apex court by everyone.


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