The Hindu : SC concern over lawyers' strike

Online edition of India's National Newspaper
Friday, Aug 30, 2002

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National

SC concern over lawyers' strike

By J. Venkatesan

NEW DELHI Aug. 29. A five-Judge Constitution Bench of the Supreme Court has expressed serious concern and anguish over lawyers going on strike in different parts of the country and boycotting courts and said this obstructed the flow of administration of justice.

The Bench comprising Justice G.B. Pattanaik, Justice M.B. Shah, Justice Doraiswamy Raju, Justice S.N. Variava and Justice D.M. Dharmadhikari while hearing a batch of petitions on Wednesday noted that the problem — of lawyers resorting to strike — was getting aggravated day by day.

(The observations assume significance in the context of lawyers in Chennai and other parts of Tamil Nadu boycotting courts for the last several days).

Noting that several district courts in Uttar Pradesh were being allowed to function only for 52 days in a year the court said, "while we claim this is a noble profession, we are not behaving in that fashion for acclaiming nobility in the matter.''

Further, the courts were unable to dispose of a large number of pending litigations. If the lawyers resorted to strikes the situation would turn disastrous, the Bench warned.

On behalf of the Bar Council of India (BCI), senior counsel, M.N. Krishnamani, told the court that the apex body had convened a meeting of all the State Bar Councils on September 7 and 8 and some solution could be evolved.

The Bench said it was conscious of the seriousness of the matter and that the matter required urgent attention. But since the BCI had already convened a meeting of the representatives of the State Bar Councils, it was adjourning the proceedings.

The Bench expressed surprise that many of the State Bar Councils and Bar Associations had not responded to the notice issued by the court.

It asked the BCI to arrive at some conclusion so that the litigant public was not unnecessarily harassed. The BCI should try to evolve an effective solution to the problem, the Bench said and posted the matter for further hearing on September 24.

It also directed that a copy of the order be sent to the presidents of all State Bar Councils and High Court Bar Associations.

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