Supreme Court asks BCI to compile action-taken reports on lawyers who went on strike

The Supreme Court on Monday asked the Bar Council of India (BCI) to submit a report compiling details of the action taken by State Bar Councils in last one year against lawyers who went on strike or boycott of courts. [Common Cause v. Abhijat and Ors].This would include the ongoing strike being observed by members of the Delhi High Court Bar Association against the recently notified transfer of Justice Gaurang Kanth to the Calcutta High Court. .The BCI was also asked to file an affidavit detailing the draft rules it has framed on disciplinary action that may be taken against striking lawyers. .A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia passed the order while reiterating that advocates cannot be allowed to stall court proceedings and the justice delivery system..“You can have a difference of views. Not necessary that people have to think alike. But like we have said before, you cannot boycott courts of law, stop people from getting bail or the administration of justice,” Justice Kaul remarked..The matter will be taken up next after two weeks. .The top court was hearing a contempt petition filed by an NGO, Common Cause seeking action against lawyers who boycott court work. Advocate Prashant Bhushan appeared for the petitioners today. .The BCI had, in May, informed the Supreme Court that representatives of State Bar Councils from across the country had conducted a meeting during which steps were taken to amend norms for disciplinary action against lawyers who go on strike.Previously, the Court 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. When the case was heard in 2019, it was submitted that the BCI was not enforcing its own resolutions nor looking into the need for disciplinary action. The 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 as well, the Court had taken a dim view of the BCI not being able to prevent lawyers from going on strikes. .In another case, the Supreme Court had, in April this year, directed the formation of a grievance redressal committee at the High Court level for lawyers to express their grievances.BCI Chairperson and Senior Advocate Manan Kumar Mishra informed the Court at the time that draft rules had been formulated and will be placed on record..Lawyers' strikes: Supreme Court directs formation of committees for all High Courts to redress lawyers' grievances