Lawyers can't hold judicial process to ransom by irresponsibly going on strikes: Allahabad High Court

The Allahabad High Court recently observed that the court proceedings cannot come to a standstill owing to the actions of striking lawyers and lethargic litigants. [Suraj Pasi v State of UP].Single-judge Justice Ajay Bhanot noted that delays of trials, especially of persons who are imprisoned, because the lawyers go on strikes, cause a violation of the fundamental rights of the prisoners."Striking actions of lawyers not only interfere with the administration of justice but also in such cases cause fragrant violation of the fundamental rights of accused persons-prisoners' right to speedy trial".The judge stated that in such situations, courts have to pass appropriate orders in accordance with the law even when the parties or counsels are not cooperating with the trial proceedings."The court proceedings cannot come to a stand still owing to striking lawyers and lethargic litigants....Counsels cannot hold the judicial process to ransom by irresponsibly going on strike and bringing the work in the court to a stand still. Such conduct of the lawyers is in the teeth of law laid down by the Supreme Court," the Court said..The order was issued on a case in relation to which the Additional Sessions Judge presiding over the trial had sent in a report to the High Court in which it was disclosed that the trial proceedings in question could not take place on a number of occasions because the counsels were on strike.On going through the report, the Court noted that it seemed that the strike actions were not a one off, but a regular feature of the concerned court.Taking a dim view of the same, the Court directed the Chairman of the Bar Council of Uttar Pradesh to appear in person, and explain the steps which are proposed by the them to prevent such occurrences in future and action to be taken in the present case.The Court further directed Sessions Judge to forward the names of the concerned office bearers of Bar Association who had called and enforced the strikes and prevented the counsels as well as the courts from discharging their judicial work..The matter will be taken up next on December 12.The petitioner was represented by Rajesh Chandra Dwivedi, Ajay Kumar Pathak, Ashish Kumar Dubey and Praveen Kumar Srivastava..[Read Order]