BCI to frame rules to curb lawyers’ strikes, court boycotts: SC told

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Bar Council of India (BCI) on Friday apprised the Supreme Court that it will frame rules to curb lawyers’ strikes and also initiate action against those who provoke advocates, via social media platforms, to abstain from court hearings.

Senior advocate Manan Kumar Mishra, chairman BCI, submitted before a bench comprising Justices D Y Chandrachud and M R Shah that they have convened a meeting of all state bar associations on September 4.

“We propose to formulate rules to curtail strikes by lawyers and to initiate action against advocates who instigate strikes on social media,” he said.

Apologising for not coming up with suggestions earlier in compliance with the court’s order last year, Mishra said it was due to the onset of the Covid pandemic.

The top court recorded Mishra’s submissions and appreciated the action taken by BCI.

Earlier, taking a suo motu cognisance of the matter the top court had sought assistance from the BCI chairman to deal with the lawyers’ strike issue. After hearing arguments, the bench scheduled the matter for further hearing in the third week of September.

The top court had said that boycotting courts every Saturday in the districts of Dehradun, Haridwar and Udham Singh Nagar in Uttarakhand, is not justifiable, rather it is tantamount to contempt of court. Noting that 3-4 days lawyers were on strike during a month, the top court observed if lawyers were to work on those days, it would have helped in achieving speedy justice.

The top court, on July 26, cited its February 28, 2020 judgment, where the BCI and state bar councils were directed to come up with suggestions to curb lawyers’ strike and their boycott of court proceedings.

The top court in its February judgment expressed concern on lawyers’ holding strike every Saturday for 35 years in Uttarakhand district courts over reasons like “bomb blast in Pakistan”, “earthquake in Nepal” or “condolence references for family members”.