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Lawyers cannot go on strike: SC
December 17, 2002 12:23 IST
The Supreme Court on Monday declared that lawyers have no right to go on strike.
A five-judge bench headed by Chief Justice G B Pattanaik held that all lawyers must refuse any strike calls given by any bar association. No threat or coercive action of any kind can be held against any advocate by any bar association for non-participation in the strike, it added.
The lawyers can hold peaceful dharnas and protest marches away from the court premises to find remedies to their grievances. Only in rare cases where the advocate feels that the dignity, independence and integrity of the bar have been compromised on, they can hold token strikes not exceeding one day.
In such an eventuality the courts "will turn a blind eye" to the strikes, the Supreme Court said. The president of the bar association, before calling a strike, has to consult the district judge of the concerned area.
"The courts must not be privy to a strike by lawyers and should go on with the hearing of the cases," the court said.
Due to the strike if a litigant suffers adversely, his lawyer would have to pay the damage costs. The court also mooted setting up a grievance redressal committee, which can suggest ways to assuage the complaints of the lawyers.
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