September 26, 2019
The Uttarakhand High Court on Wednesday ordered that it is illegal for advocates to resort to strikes or boycott of the courts, and disciplinary action can be taken by the State Bar Council and its disciplinary committee for such misconduct. The court also said that a litigant, who suffers entirely on account of his advocate’s non-appearance in court, can sue the lawyer for damages.
A bench comprising Chief Justice Ramesh Ranganathan and Justice Alok Kumar Verma ruled that no court is obliged to adjourn a case because of a strike call as it is its solemn duty to proceed with judicial business during court hours.
The order came on a PIL filed by one Ishwar Shandilya in 2016. The petitioner’s counsel, Kartikey Hari Gupta, said the hearing of Shandilya’s case in Dehradun district court was getting repeatedly deferred due to strikes called by lawyers.
Gupta said that lawyers of District Bar Association of Dehradun, Haridwar and Udham Singh Nagar have been boycotting work on all working Saturdays for the last more than 35 years.