Allahabad High Court instructed the Bar Council of Uttar Pradesh to present any existing guidelines regarding the observation of mourning periods and other circumstances that lead to lawyers refraining from work. The court also sought information on whether any measures had been taken by the Bar Council in this specific instance.
The Allahabad High Court has made a profound statement on the nature of lawyers’ strikes, asserting that they bring the wheels of justice to a standstill and are detrimental to the pursuit of justice. The court, in its January 24 order, expressed this concern in strong terms:
“In our judicial system, strike brings the wheels of justice to a standstill, bringing cheer and happiness amongst enemies of justice. Their whips get thicker, sticks more brutal to deepen bleeding wounds day-by-day, their apathy to listen the cry stronger and their sleep against call for justice turning into a deep slumber, so long as the saviours of justice, i.e. the lawyers and the Judges, do not come for rescue of the victims of injustice.”
The court further clarified the role of legal bodies, stating,
“Neither State Bar Council nor a Bar Association can be treated alike a Trade Union bargaining for their demands. They are well-equipped with all legal means to find out solutions to any problem. Lawyers’ strike waste not only judicial time but also cause immense loss and harm to all the social values and leads to rising pendency of cases, adversely affecting the system of justice delivery, bringing more and more hardships to the litigant(s) for whom the courts are meant.”
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Highlighting the plight of the marginalized sections of society, the court added,
“Many of the litigants belong to the downtrodden and weaker sections of society who are defenceless, poor and ignorant. Their silent cry for a civilised human solution to their grievances and problems, and for a level playing field is a call for justice, to be felt and heard by all the components of justice delivery system.”
The court also warned of the far-reaching consequences of prolonged strikes,
“The resultant effect on the society as well as individuals and the nation as a whole would be unassessable. In that eventuality, we would certainly shatter the faith reposed by us in ourselves while giving us the Constitution and its soul and that would be the most unfortunate day for all of us.”
The bench pointed out an instance that exemplified the extent of the issue:
“The situation went to the extent that on 26.12.2023, the Bar Association passed a Resolution that the lawyers were very sad due to death of Ex-Chairman of Samajwadi Party and present District President of Samajwadi Party and abstained from work due to this reason.”
The court also emphasized the ethical responsibilities of advocates, stating,
“Various rules … cast an obligation on an advocate to uphold the dignity of the entire judicial system and not to indulge in any such activity by which the confidence reposed in him by his client is shaken.”
The matter is set to be heard next on February 5. This ruling from the Allahabad High Court serves as a crucial reminder of the unique and pivotal role that legal institutions and professionals play in society, emphasizing the need for the legal community to maintain a professional approach and ensure that their actions do not hinder the justice delivery system.
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