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SC directs formation of Grievance Redressal Committee at HC level to hear issues of Striking Lawyers

 

In a major development, the Supreme Court has directed the formation of a Grievance Redressal Committee at the high court level to take up grievances of Lawyers on strikes.

A division bench of Justice MR Shah and Justice Ahsanuddin Amanullah in the matter of District Bar Association Dehradun v. Ishwar Shandilya and Ors. opined that time and again strikes by bar associations have resulted in the disruption of judicial functioning and there should be a forum to which they can ventilate their genuine grievances.

 

"We reiterate that no bar member can go on strike. Time and again but this has happened. If any bar member has any grievance, genuine grievances should have some forum so bar can ventilate its grievances," the Court said.

The Court thus directed the formation of a Committee consisting of Chief Justice, and two Senior Judges of the concerned High Court (one from bar and other from service).

The direction came in a case concerning the practice of strikes and boycotting of courts being called for by three District Bar Associations of Uttarakhand every working Saturday.

The three Bar Associations of Dehradun, Haridwar and Udham Singh Nagar in the state has been following the practice since 35 years. 

Noting that such practices ultimately make the litigant suffer, the Top Court had previously ruled that this cannot be justified, and isn't protected under the freedom of speech and expression under Article 19(1)(a) of the Constitution and even amounts to "contempt of Court".

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