By Mani Ram Sharma : Hon’ble Supreme Court of India has time and again emphasised (In Common Cause case & Ex-Capt. Harish Uppal v. Union of India) that the advocates have no right to strike work therefore any strike by advocates is illegal. This practice should be curbed rigorously in the interest of justice. But this verdict of Hon’ble Court remains on papers only, and advocates are on strike on almost all days in this or that part of Country. Courts are very liberal to striking advocates and put a rubber stamp on Order sheet of the day, “advocates are on strike put up on…” , and the empty ritual of hearing be performed on this day. Such Courts are thus compounding the illegality and misconduct of advocates in this way.
If the advocates are defiant to Supreme Court orders regarding their conduct in courts, should they be allowed to appear in sub-ordinate courts still remains a “YAKSH” question. If the courts are unwilling to curb the indiscipinedness amongst advocates and meet them with appropriate punishment, are they morally empowered to punish Executives, Police and ordinary citizens? The judges should conduct introspection on the points and fix a policy for them and exercise impartiality and neutrality.
Though some of the judges have shown firmness in the matter but advocates boycott such judges collectively. Are judges helpless against the might of arbitrariness, illegality and misconducts of advocates? The judges should collect courage to take stern action in the matter to curb the protracted malice. Whenever advocates proceed on strike, the judges may adjourn the case for a week for appearance and may order “advocates are on strike, put up on … for appearance of advocate with undertaking not to indulge in strike further.” And if the striking advocates still turn defiant then the case should be dismissed or decided on such date fixed for hearing on the strength of material as the case may be. No further application for restoration or Review from such advocates should be entertained without his undertaking to not to indulge in strike further. Judges may further refer the cases to Bar Council for disciplinary action against the delinquent advocates.
In view of the above, you are therefore; requested to kindly foil the attempts to strike the court work, cause prepared the list of advocates preventing the litigants to enter into the Courts Premises and inflict Contempt Proceedings in the rightful execution of the said verdict of the Hon’ble court.