A WhatsApp forward has been going around of a billboard in Tiz Hazari court with pictures of more than 40 lawyers who had allegedly appeared in court on Thursday and Friday (11 and 12 October) in defiance of Delhi bar associations' call for a lawyers' strike in the national capital.
The billboard states that on 11 and 12 October, the lawyers pictured had turned up to work in violation of the strike.
One lawyer commented: “Is it ethical to put out such a billboard? Is it even legal? Is the bar behaving responsibly?”
The strike has been extended to today, reported the Times of India and others, ostensibly to protest against the alleged “rude behaviour” of a magistrate:
In a unanimous resolution adopted by the Coordination Committee of all District Court Bar Associations here, it was alleged that some judges were repeatedly misbehaving with the lawyers by treating them as subordinates.
The Supreme Court in Ex Capt. Harish Uppal v. Union of India and other courts have repeatedly held that lawyers' strikes illegal, except in the gravest of circumstances and then only for a maximum of one day.
Nevertheless, strikes have paralysed some courts for up to 158 working days per year in some districts, on average, according to data compiled by the Law Commission.
The Law Commission had summarised the case law in its report as:
It was held that if a lawyer, holding a vakalatnama of a client, abstains from attending Court due to a strike call, he shall be personally liable to pay costs which shall be in addition to damages which he might have to pay his client for loss suffered by him.
Judges condemn strike, but suffer in silence
According to a resolution by the Delhi Judicial Service Association, the judges would “suffer in silence” while they condemned “the baseless grounds for strike by Advocates in all District Courts in Delhi”:
The baseless allegations of misconduct and corruption are condemnable. We unanimously resolve that judges remain an easy target for those who wish to asperse the reputation of the judge out of the grudge or disgruntling from the court's orders.
Though legitimate criticism of Judges arise from the discharge of their duty is permissible as being the exercise of the freedom of expression, but what are not permissible are unjustified and unreasonable attacks on judicial integrity that strikes at the root of the judiciary constitutional role”.
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