"Despite strong criticism, lawyers continue to conduct strikes": Supreme Court, BCI proposes to form Rules

Bar Council Chairman, Manan Kumar Mishra told Supreme Court today that it was considering to form rules for curtailment of strikes by Advocates.

The Court was hearing an application in District Bar Association, Dehradun v. Ishwar Shandilya, settled by the Top Court by Judgment dated February 28, 2020.

“It appears that despite the strong words used by this Court in the aforesaid decisions, criticizing the conduct on the part of the lawyers to go on strikes, it appears that the message has not reached. Even despite the resolution of the Bar Council of India dated 29.09.2002, thereafter, no further concrete steps are taken even by the Bar Council of India and/or other Bar Councils of the States. A day has now come for the Bar Council of India and the Bar Councils of the States to step in and to take concrete steps,” A Division bench of Justice Arun Mishra and Justice MR Shah had earlier said.

The matter was today heard by a bench led by Justice DY Chandrachud.

It was informed by the Ld. Senior Advocate and BCI Chairman, Mr. Mishra that the compliance of earlier order could not be done due to onset of COVID and that the Bar Council, along with members of other High Court Bar Association is to convene a meeting on September 4 – proposing to take steps on curtailment of Strikes by Lawyers, for directions against erring lawyers and lawyers instigating strikes on Social Media.

The bench, recording the statement of the Ld. Senior Advocate, adjourned the matter for third week of September.

Case Title: District Bar Association Dehradun v. Ishwar Shandilya