Advocates of Bar Association of a town went on strike demanding the arrest of a police officer who manhandled one of their colleagues. Discuss all the issues in this regard.
1. Whether the strike by advocates of Bar Association valid? NO
2. Whether the strike by advocates amounts to misconduct? YES
Section 34 (1) of the Advocates Act, 1961 empowers the High Courts to frame rules laying down conditions subject to which an advocate shall be permitted to practice.
This problem is related to the 'legality of lawyer's strike'. Lawyers have no right to go on strike or give a call for boycott, not even on a token strike. An advocate is an officer of the Court and enjoys special status in society. Advocates have obligations and duties to ensure smooth functioning of the court.
They owe a duty to their clients and strikes interfere with the administration of justice. They cannot thus, disrupt Court proceedings and put the interest of their clients in jeopardy.
Ex Capt. Harish Uppal Vs. Union of India and Another, 2003 (2) SCC 45, it has been observed that lawyers have no right to go on strike or give a call for boycott, not even on a token strike. The protest, if any is required, can only be by giving press statements, TV interviews, carrying out of Court premises banners or placards, wearing black or white or any colour arm bands, peaceful protest marches outside and away from Court premises, going on dharnas or relay fasts. It has been held that Courts are under no obligation to adjourn matters because lawyers are on strike.
Sushma Sun Vs. Govt. of National Capital Territory of Delhi and Another, (1991) 1 SCC 330, it has been held that the Bar Council of India must ensures that the advocates do not behave in a nonprofessional and unbecoming manner. Hence, it is the duty of every advocate to boldly ignore a call of strike or boycott.
In the instant problem, the Courts must not be privy to strikes or calls for boycotts. If a lawyer, holding a vakalat of a client, abstains from attending Court due to a strike call, he shall be personally liable to pay costs which shall be addition to damages which he might have to pay his client for loss suffered by him. Thus, the strike by advocates of Bar Association is not valid. The strike by lawyers amounts to misconduct.
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