Protest By Lawyers| Strike Cannot Be A Solution: Allahabad High Court Expresses Concern, Adjourns Matter

The Allahabad High Court has expressed its concern over the protest by lawyers in Uttar Pradesh State saying that strike cannot be a solution. It has, therefore, adjourned the matter.

The Court said that the institution of justice and courts of law cannot be equated with industrial establishments where concept of Trade Unions is utilized to justify strikes by industrial labours owing to their demand from employers.

A Single Bench of Justice Kshitij Shailendra observed, “The reason behind present strike being an event of brutal lathi-charge on the lawyers practising in Hapur Court may have some justification behind agitation, but, at the same time, the strike cannot be a solution to it. The solution could have been to let the Courts function and make the officers and bureaucrats answerable compelling their appearance before the courts of law to justify their action of lathi-charge and not to shut down the courts giving liberty to the erring officials to roam freely and smiling with a confidence that there is none to call for an explanation or to take action against them or take remedial measures.”

The Bench said that neither State Bar Council nor a Bar Association can be treated alike a Trade Union bargaining for their demands.

Advocate Ashwani Kumar Pathak represented the petitioner while CSC represented the respondent, however, none could appear in the court.

Lawyers had yesterday (Thursday) staged protests in several parts of the State against the government's "inaction" in a recent incident of alleged police lathi-charge on advocates in Hapur as judicial work in the High Court as well as in District Courts remained affected due to their strike. They have been on a strike since August 30 over the said issue.

The High Court passed an order when no one appeared in this case due to ongoing protest by the lawyers.

“Despite repeated communications issued by the Registrar General of this Court permitting arguments through Video Conferencing/Virtual Mode, neither any learned counsel has appeared to argue nor has any request for entertaining the present petition through Video Conferencing/Virtual Mode been sent to this Court”, noted the Court.

The Court said that how far we have succeeded to achieve the objectives as a developing nation is one thing, our collective efforts must remain so directed that journey of over-all development of nation may not get derailed.

“When we gave ourselves the Constitution of India with a Preamble that "WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to its citizens, apart from other things, JUSTICE, social, economic and political", we had a clear vision in our mind that all the citizens, collectively, would endeavour to achieve the object set out in the Preamble”, also noted the Court.

Furthermore, the Court said that in our judicial system, strike brings the wheels of justice to a standstill, bringing cheer and happiness amongst enemies of justice and that their whips get thicker, sticks more brutal to deepen bleeding wounds day-by-day, their apathy to listen the cry stronger and their sleep against call for justice turning into a deep slumber, so long as the saviours of justice, i.e. the lawyers and the Judges, do not come for rescue of the victims of injustice.

“They are well-equipped with all legal means to find out solutions to any problem. Lawyers' strike waste not only judicial time but also cause immense loss and harm to all the social values and leads to rising pendency of cases, adversely affecting the system of justice delivery, bringing more and more hardships to the litigant(s) for whom the courts are meant”, added the Court.

The Court observed that if courts of law remain closed for long periods, the people may take recourse to other means for redressal of their grievances, including those which may have no sanction of law, like approaching the criminals to settle their disputes, or either turning themselves into criminals and adopting all other polluted means like bribing the dishonest bureaucrats for getting the work done.

“If this situation persists for a considerable period of time, the resultant effect on the society as well as individuals and the nation as a whole would be unassessable. In that eventuality, we would certainly shatter the faith reposed by us in ourselves while giving us the Constitution and its soul and that would be the most unfortunate day for all of us”, further remarked the Court.

“The Court, with a very heavy heart, adjourns this matter in the interest of justice with the hope and trust that the lawyers would understand not only the plight, woes, cry and grievance of the society at large, but also their own well-being and also the overall ill-effects of strike and would soon turn up to argue the case”, concluded the Court.

Accordingly, the High Court adjourned the case till October 18, 2023.

Cause Title- Satyam Shivam Sundaram Mahila Prashikshan Sewa Sadan And 2 Others v. State of U.P. And 3 Others

Click here to read/download the Order