'There can't be strike by lawyers,' SC for grievance redressal committee [Read Order]

NEW DELHI: The Supreme Court on Thursday asked all the High Courts to constitute grievance redressal committee headed by the Chief Justice and consisting of two other senior judges, as well as the Advocate General, Chairman of the Bar Council of the State and President of the High Court Bar Association, to let lawyers ventilate their genuine grievance and avoid their frequent strikes.

A bench of Justices M R Shah and Ahsanuddin Amanullah once again reiterated that no member of the Bar can go on strike and abstain himself from court working.

"Time and again, this court has emphasised and criticised the advocates going on strike and abstaining them from work. If the member of the Bar has any genuine grievance or the difficulty being faced because of the procedural changes in filing/listing of the matters and/or any genuine grievance pertaining to misbehave of any member of the lower judiciary they can very well make a representation," the bench said.

The court said that it is appropriate that the lawyers' genuine grievances are considered by some forum so that such strikes can be avoided. Members of the Bar, who might have genuine problems may ventilate their grievances before the forum, it added.

"The High Court may also consider to constitute the similar Grievance Redressal Committee at the District Court level," the bench added.

The top court passed its order on a plea filed by the Bar Council of India while led by its president Manan Kumar Mishra, contending that in order to check and control the frequent strikes, boycotts, the regulatory body has suggested various measures for controlling the strike/abstention and has suggested the mechanism of redressal of the grievances of advocates/Bar Associations at all levels.

"The Bar Council is of the firm view and opinion that the illegal and unreasonable strikes and boycott are always bad and it can never approve or encourage such practices," it said.

Taking the plea into consideration, the court said the Grievance Redressal Committee may consider the genuine grievance related to the difference of opinion or dissatisfaction because of procedural changes in filing/listing of the matters of the respective High Courts or any District Courts in their respective States.

The BCI said a meeting of Chairmen/Office Bearers of all the State Bar Councils was held where the Bar Council of India and all the representatives of the lawyers were of the unanimous opinion that there should be a grievance redressal mechanism available to advocates at all levels from the Talukas/Muffasils/District Courts, High Courts, to allow the members of the Bar to vent their grievances. 

[Read Order]