The Supreme Court delivered a stern warning on Monday to the Faizabad Bar Association, criticizing their prolonged strike action, which saw lawyers abstain from duties for 66 out of the 134 days between November 2023 and April 2024. Justices Surya Kant and Ujjal Bhuyan expressed concern over the disruption caused by the strikes, emphasizing their impact on the justice system. "How can they still hold the license of the bar association?" Justice Kant asked, pointing out that nearly half the legal workdays had been lost.
The court’s frustration was evident as it issued a firm directive to all bar councils across the country. The Faizabad Bar Association’s office bearers were instructed to submit personal affidavits and refrain from passing any future resolutions calling for strikes. Instead, they were told to seek grievance redress through the district judge or the administrative judge of the high court.
Despite senior advocate Rakesh Khanna's pleas on behalf of the bar association, the court refused to intervene or halt the high court’s decision to appoint a panel of lawyers to oversee the association's operations and ensure elections are held by December 2024. Furthermore, any future strike calls would trigger contempt of court charges against the association.
The justices highlighted the significant hardship faced by litigants and witnesses, who often endure financial and logistical challenges only to find courts non-functional due to strikes. The bench commended the Supreme Court Bar Association for setting a positive example by maintaining a non-strike policy, urging others to follow suit.
This judgment reaffirmed the Supreme Court’s stance, drawing from the 2002 Harish Uppal case, which declared lawyer strikes illegal and unethical due to their obstruction of justice and infringement on litigants' rights.
