ALLAHABAD HIGH COURT: LAWYER STRIKES WITHOUT PERMISSION MAY CONSTITUTE CONTEMPT OF COURT

Background:?

The Allahabad High Court recently that any Advocate or their association who are on a strike or going on for a strike, or in any manner, abstain from their work would be considered as an act of criminal contempt. The division bench of the said High Court has appointed the same after a group of lawyers, resorted to strike in the state of Uttar Pradesh. The court ordered that any bar bodies cannot abstain from their work on the ground of condolence due to the death of any lawyer or officer or any employee of the court or their relatives.

Key Aspects:

● The Court invited the Bar Council of India (BCI), the UP Bar Council, and the High Court Bar Association to help them develop a plan to stop the threat of strikes in Uttar Pradesh's district courts.

● The court while dealing with the issue stated that any condolence meeting can be held after 3:30 PM. The court iterated that all the bar bodies and Advocate have to adhere to this direction of the court.

● Any act of the advocates in violation of the said direction can be treated as an act of contempt.

The Court highlighted several key considerations:

The District Judge's report indicated that 127 of the 218 working days between July 2023 and April 2024 were lost to judicial work, leading the Court to take notice of the lawyers' frequent strikes in Prayagraj. After the Supreme Court ruled that attorneys do not have the right to strike, the Court invited the Bar Council of India (BCI), the UP Bar Council, and the High Court Bar Association to help them develop a plan to stop the threat of strikes in Uttar Pradesh's district courts. According to the High Court Registrar General's report, the district courts throughout the State of Uttar Pradesh experience severe delays in their judicial operations due to the strike called by the lawyers.

It was proposed that a grievance redressal committee be established for the district courts and High Court in order to handle legitimate complaints from attorneys and litigants without forcing attorneys to go on strike. The High Court and district courts already have such a group in place, the Court was informed. The inclusion of the District Magistrate or his designee in the committee was then proposed.

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Written by- Pathi Hrudaya Reddy