The Supreme Court Today (Dec 20) disallowed bar associations in Uttar Pradesh from organizing strikes or abstaining from judicial work on court working days. This order was passed during the hearing of a case concerning the Faizabad District Bar Association’s strikes. A Bench of Justice Surya Kant and Justice Ujjal Bhuyan observed that if such actions occur, the High Court is at liberty to initiate suo motu proceedings against the responsible office bearers of the concerned bar body and even remove them from their posts.
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NEW DELHI: The Supreme Court on Friday ruled that bar associations in Uttar Pradesh cannot organize strikes or stop judicial work on days when courts are open. This decision came during a hearing about strikes by the Faizabad District Bar Association.
A Bench of Justice Surya Kant and Justice Ujjal Bhuyan emphasized that strict action would be taken if such activities occur. They clarified that the High Court has the power to initiate suo motu proceedings against the responsible office bearers of such bar associations. The Court also noted that the High Court could remove such leaders from their positions as punishment.
“Bar association shall not pass any resolution to abstain from work on court working days. In case it happens, High Court can take suo motu action against the office bearers. The action may also include removal of office bearers as penal action,”
-the Court stated.
This order is applicable to all district bar associations in Uttar Pradesh.
The Supreme Court also instructed the formation of a three-judge High Court committee to monitor and address instances of strikes by lawyers. The Court made it clear that penalties against office bearers must be imposed if such strikes occur.
The Court said there should be
“No tolerance for leniency or a soft approach.”
The case was based on an appeal by the Faizabad District Bar Association challenging an earlier decision by the Allahabad High Court. On August 8, the High Court had set up a committee to manage the bar association’s affairs and ensure that elections for its Governing Council are conducted by December 2024.
The Supreme Court acknowledged the successful efforts of the committee in organizing peaceful elections for the Faizabad Bar Association.
The Supreme Court also addressed the role of the alder committee mentioned in the Faizabad Bar Association’s rules. The Court appreciated the committee’s work and allowed them to approach the High Court to decide if they should continue for another two years.
“Rules of Faizabad Bar Association states that a committee of 5 senior members of association be formed as alders committee. We appreciate the work done by the committee who conducted the elections peacefully. We permit alders committee to file application before High Court in matter already decided leaving it to the discretion of the High Court to take a call whether the alder committee continue for two years,”
-the Court said.
Click Here to Read Previous Reports on Advocate’s Strikes
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