Lawyers strikes: Rules on disciplinary action against protesting lawyers to be finalised in a week, BCI tells Supreme Court

The Bar Council of India (BCI) informed the Supreme Court on Monday that representatives of State Bar Councils from across the country conducted a meeting last week and further steps were taken to amend norms for disciplinary action against lawyers who go on strike [Common Cause v. Abhijat and Ors]..A Bench of Justices Dinesh Maheshwari and Sanjay Kumar took note of the submission and listed the case for further hearing on July 17. "Very good. That is what we wanted to hear. If you are compelled to take coercive steps, you have to," the Court orally remarked during the hearing. .Appearing before the top court, BCI Chairman Manan Kumar Mishra said that the rules would be finalised within a week. .The development comes in a contempt petition by filed by NGO Common Cause seeking action against lawyers who boycott court work..Previously, the Bench had expressed its anguish with the BCI not being able to finalise norms for disciplinary action, opining that it would be left with no alternative but to directly impose punishments on lawyers guilty of boycotting court work..In January, the top court expressed its disappointment with the BCI for its delay in putting forth concrete steps to prevent lawyers' strikes across the country. Justice Maheshwari had then remarked,"We need specific, concrete preventive measures. This not a process that we will allow to happen at your own leisurely pace. 20 years later, are we here to still execute? More than 10 orders passed. What is left for the system? Parallel proceedings to always go on? There should be least amount of litigation it should require.".When the case was heard in 2019, it was submitted that the BCI was not enforcing its own resolutions in this regard, nor looking into the need for disciplinary action. The top court had then directed the BCI to file a comprehensive affidavit showing the pendency of various disciplinary matters across the country, including those before State Bar Councils.In December last year, the Court had taken a dim view of the BCI not being able to prevent lawyers from going on strikes. .[Read our live-coverage of the hearing below]

Lawyers strikes: Rules on disciplinary action against protesting lawyers to be finalised in a week, BCI tells Supreme Court

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