The Supreme Court reprimanded members of the Punjab and Haryana High Court Bar Association for their unwillingness to commit to avoiding strikes, highlighting the disruptions caused to justice delivery. The court expressed concern over dissent within the association and mandated specific actions from the acting president before the next hearing on December 20, 2024.
New Delhi: The Supreme Court on Friday issued a stern warning to members of the Punjab and Haryana High Court Bar Association’s Executive Committee for their reluctance to unconditionally commit to refraining from boycotting court work. The apex court criticized the dissenting members, emphasizing the severe repercussions of such actions on the judicial system.
“Those who play with litigants must be dealt with firm hands,” observed the bench comprising Justice Abhay S. Oka and Justice Pankaj Mithal. The judges noted that the daily listing of 5,000 to 7,000 cases at the High Court meant even a single day’s strike could cause catastrophic disruptions to justice delivery.
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The conflict traces back to a July 26, 2024, strike by bar members that severely disrupted court proceedings. In August 2024, the Supreme Court took cognizance of the strike, terming it contemptuous, and demanded an explanation from the association.
By November, the Bar Association’s office bearers assured the court they would submit an unconditional undertaking to comply with legal expectations, referencing the landmark Ex-Captain Harish Uppal v. Union of India case, which categorically prohibits lawyer strikes.
However, during the recent hearing, dissent persisted within the Bar Association’s Executive Committee, with some members opposing the resolution against future strikes. The court expressed dismay, stating,
“Prima facie it appears to us that opposing the resolution proposed itself indicates that the concerned members have no respect and no regard for the law laid down by this court.”
In response to the lingering dissent, the Supreme Court directed the acting president of the Bar Association, Jasdev Singh Brar, to:
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- Provide names and addresses of members opposing the resolution.
- Submit the December 9 resolution to the court.
- Share a copy of the court’s order with the dissenting members.
These actions are to be completed before the next hearing scheduled for December 20, 2024.
Justice Oka suggested adopting practices from other jurisdictions, like Odisha, where cases are transferred to adjacent states if lawyers abstain from work. “Once that pinch is there, lawyers would never think of going on boycott,” he remarked, emphasizing the necessity of deterrents against such disruptions.
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