Cont.Pet.(C) 550/2015 in W.P.(C) 821/1990
Contempt Petition against lawyers strike

Contempt Petition against lawyers strike

Common Cause has filed a contempt petition against the strike of lawyers in Delhi High Court and all district courts of Delhi on the issue of conflict over pecuniary jurisdiction. In WP (C) 821/1990 (Harish Uppal vs Union of India) the Supreme Court had observed that lawyers had no right to go on strike and could not give any call for boycott. The court also held that lawyers refusing to respond to such a call could not be visited with any adverse consequences by the Bar Association or the Bar Council.

The matter was last taken up on January 13, 2017. After hearing the counsels, the Court ordered that reply, if any, be filed within six weeks.

On July 4, 2019, our counsel, Mr. Prashant Bhushan informed the bench consisting Justice Arun Mishra and Justice Aniruddha Bose that the Bar Council of India is neither enforcing its own resolutions nor effectively taking control of disciplinary matter. 

Following up on this, the bench has ordered:

Let BCI file entire data showing what it has done for implementation of its Resolutions as well as disciplinary matters pending throughout the country with various Disciplinary Committees 1 of the various State Bar Councils and how many matters on disciplinary side are pending before the BCI and for how long. Let data of all the State Bar Councils be furnished on an affidavit and also the data with respect to the periodic strikes and cease work which are taking place in the country at various places and reasons for that and also whether the State Bar Councils have initiated any disciplinary action against the lawyers for indulging into the strikes which are not permissible and contrary to the Resolution(s) of the Bar Council of India and the judgment(s) of this Court.

The Court further ordered the BCI to file the affidavit by September 20, 2019 through the Secretary, Bar Council of India. The other alleged contemnors are also ordered to file their response.

On September 23, 2019, the bench consisting Justices Arun Mishra & S. Ravindra Bhat directed to list this petition on a non-miscellaneous day in the third week of October, 2019.


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Contempt Petition (C) 550 of 2015 in WP 821 of 1990
Harish Uppal v Union of India-Dec 2002
Order 04.07.2019
Order 23.09.2019