Wednesday, Dec 18, 2002
Wednesday, Dec 18, 2002 |
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By J. Venkatesan
A five-Judge Constitution Bench comprising the Chief Justice G.B. Pattanaik, Justice M.B. Shah, Justice Doraiswamy Raju, Justice S.N. Variava and Justice D.M. Dharmadhikari held that courts must not be privy to strikes. Expressing its anguish, the Bench said, "unfortunately strikes and boycott calls are becoming a frequent spectacle and even unruly and an unbecoming conduct. On the slightest pretext, strikes are resorted to. The judicial system is being held to ransom. Administration of law and justice is threatened and rule of law is undermined''. The Bench also noted that repeated strikes had shaken the confidence of the public in the legal profession and affected administration of justice. Further, it was a settled law that a lawyer who had accepted a brief could not refuse to attend the court even in pursuance of a call for strike by the Bar Association. "Courts are under no obligation to adjourn matters because lawyers are on strike. It is the duty of all the courts to go on with matters on their boards even in the absence of lawyers," the Bench said after considering the Bar Council of India's affidavit stating the issues on which lawyers resorted to strike.
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