SC:Lawyers can’t strike under the guise of freedom of speech & expression

The Hon’ble Supreme Court, on 28th February 2020, in the matter of District Bar Association, Dehradun through its Secretary v. Ishwar Shandilya & Ors. pronounced that nobody has the right to go on strike/boycott courts. To go on strike/boycott courts cannot be justified under the guise of the right to freedom of speech and expression.

The Hon’ble Supreme Court observed that:

To go on strike/boycott courts cannot be justified under the guise of the right to freedom of speech and expression under Article 19(1)(a) of the Constitution. (Para 6.7)

Nobody has the right to go on strike/boycott courts. Even, such a right, if any, cannot affect the rights of others and more particularly, the right of Speedy Justice guaranteed under Articles 14 and 21 of the Constitution. (Para 6.7)

Boycotting courts on every Saturday in the entire District is not justifiable at all and as such it tantamounts to contempt of the courts. (Para 6.7)

A day has now come for the Bar Council of India and the Bar Councils of the States to step in and to take concrete steps. It is the duty of the Bar Councils to ensure that there is no unprofessional and unbecoming conduct by any lawyer. (Para 7)

Copy of judgement: Judgement_28-Feb-2020

-Adv. Tushar Kaushik

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