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Lawyers don't have right to strike work, says SC

New Delhi: Expressing anguish over the standstill situation being brought by advocates in the justice delivery system, the Supreme Court has said that lawyers don't have the right to strike work or give calls to

India TV News Desk [ Updated: November 28, 2015 9:31 IST ]
lawyers don t have right to strike work says sc
lawyers don t have right to strike work says sc

New Delhi: Expressing anguish over the standstill situation being brought by advocates in the justice delivery system, the Supreme Court has said that lawyers don't have the right to strike work or give calls to boycott courts.

"My view is that the lawyers should not go on strike," a bench of justices Kurian Joseph and Arun Mishra observed yesterday, adding that it's like "Brahmastra" (last weapon), one should use it in a difficult situation, but now a days this is being used frequently.

While allowing a months time to the Bar bodies to convene a meeting to solve the problem once and for all, the top court also observed that there is a constitution bench judgment of the Supreme Court prohibiting strike by lawyers.

"This is a very serious problem, it needs to worked out," the bench said.

The court's oral observation was made during hearing of a PIL by NGO Common Cause through advocate Prashant Bhushan, which has approached the apex court against the recent strike of lawyers in the Delhi High Court and District Courts on the issue of pecuniary jurisdiction.

Meanwhile, senior advocate Ram Jethmalani, appearing for the Bar, said "Not to work is also a constitutional right."

He, however, said that we can sit down in the family of lawyers and decide the issue.

Responding to this, the bench said that in a months time meeting of the important sections of the Bar Associations be called to see if problem can be sorted out once and for all.

The court also directed Chairman of Coordination Committee of District Bar Association, Delhi High Court Bar Association and Bar Council of India to reply to the notices issued to them as to why action for contempt of court should not be taken against them for willful violation of the constitution bench judgement.

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