Online edition of India's National Newspaper
Saturday, Oct 01, 2005
Google



National
News: Front Page | National | Tamil Nadu | Andhra Pradesh | Karnataka | Kerala | New Delhi | Other States | International | Opinion | Business | Sport | Miscellaneous | Engagements |
Advts:
Classifieds | Employment | Obituary |

National Printer Friendly Page   Send this Article to a Friend

Court reiterates ban on lawyers' right to strike

Legal Correspondent

Any protest only in the form of statements and interviews, says Bench


  • Lawyers must boldly refuse to abide by any strike call
  • Lawyer liable for non-appearance before a court due to strike

    NEW DELHI: The Supreme Court has reiterated that lawyers have no right to go on strike or give a call for boycott and not even a token strike to espouse their causes.

    (This order assumes significance in the context of a strike call given by lawyers in Chennai from Monday demanding immediate appointment of judges to the Madras High Court.)

    The court was of the view that ``the protest, if any is required, can only be by giving press statements, television interviews, carrying out of court premises banners and/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 etc.''

    A three-Judge Bench comprising Justice S.N. Variava, Justice A.R. Lakshmanan and Justice S.H. Kapadia was categorical that all lawyers must boldly refuse to abide by any call for strike. No lawyer could be visited with any adverse consequences by the Bar Association or the Bar Council and no threat of any nature, including that of expulsion, could be held out.

    Further no Bar Association or Bar Council could permit calling of a meeting for considering a call for strike or boycott and requisition, if any, for such meeting must be ignored. Further the Bench held that ``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 in addition to damages which he might have to pay his client for loss suffered by him.

    Printer friendly page  
    Send this article to Friends by E-Mail



    National

    News: Front Page | National | Tamil Nadu | Andhra Pradesh | Karnataka | Kerala | New Delhi | Other States | International | Opinion | Business | Sport | Miscellaneous | Engagements |
    Advts:
    Classifieds | Employment | Obituary | Updates: Breaking News |


  • News Update


    The Hindu Group: Home | About Us | Copyright | Archives | Contacts | Subscription
    Group Sites: The Hindu | Business Line | The Sportstar | Frontline | The Hindu eBooks | The Hindu Images | Home |

    Copyright © 2005, The Hindu. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu