Supreme Court of India Harish Uppal (ExCaptain) vs Union Of India And Anr on 17 December, 2002 CASE NO.: Writ Petition (civil) 132 of 1988 PETITIONER: Harish Uppal (ExCaptain) RESPONDENT: Union of India and Anr. DATE OF JUDGMENT: 17/12/2002 G.B.PATTANAIK CJI & M.B.SHAH & DORAISWAMY RAJU & S.N.VARIAVA & D.M.DHARMADHIKARI JUDGMENT: JUDGMENT Delivered By: S.N.VARIAVA (J) M.B.SHAH (J) S.N. Variava, J. 1. All these Petitions raise the question whether lawyers have a right to strike and/or give a call for boycotts of Court/s. In all these Petitions a declaration is sought that such strikes and/or calls for boycott are illegal. As the questions vitally concerned the legal profession, public notices were issued to Bar Associations and Bar Councils all over the country. Pursuant to those notices some Bar Associations and Bar Councils have filed their responses and have appeared and made submissions before us. 2. In Writ Petition (C) No. 821 of 1990, an interim order came to be passed. This Order is reported in (1995) 1 Scale p.6. The circumstances under which it is passed and the nature of the interim order are set out in the Order. The relevant portion reads as under: "2. The Officiating Secretary, Bar Council of India, Mr. C. R. Balaram filed an affidavit on behalf of the Bar Council of India wherein he states that a 'National Conference' of members of the Bar Council of India and State Bar Councils was held on 10th and 11th September, 1994 and a working paper was circulated on behalf of the Bar Council of India by Mr. V.C. Misra, Chairman, Bar Council of India, inter alia on the question of strike by lawyers. In that working paper a note was taken that Bar Association had proceeded on strike on several occasions in the past, at times, Statewide or Nationwide, and 'while the profession does not like it as members of the profession are themselves the losers in the process' and while it is not necessary to sit in judgment over the wider question whether members of the profession can at all go on strike or boycott of courts, it was felt that even if it is assumed that such a right enures to the members of the profession, the circumstances in which such a steps should be restored should be clearly indicated. Referring to an earlier case before the Delhi High Court it was stated that the Bar Council of India and made its position clear to the effect "(a) Bar Council of India is against resorting to strike excepting in rarest of rare cases involving the dignity and independence of the judiciary as well as of the Bar: and (b) whenever strikes becomes inevitable, efforts shall be made to keep it short and peaceful to avoid causing hardship to the litigant public." (emphasis supplied). It was in response to the above that a consensus emerged at the Bar at the hearing of the matter that instead of the Court going into the wider question whether or not the members of the legal profession can resort to strike of abstain from appearing in case (sic) engaged, the Court may see the working of the interim arrangement and if that is found to be satisfactory it may perhaps not be required to go into the wider question at this stage. Pursuant to the discussion that took place at the last hearing on 30th November, 1994, the following suggestions have emerged as an interim measure consistent with the Bar Council of India's thinking that except in the rarest of rare cases strike should not be resorted to and instead peaceful demonstration may be resorted to avoid causing hardship to the litigant public. The learned counsel suggested that to being with the following interim measures may be sufficient for the present: "(1) In the rare instance where any association of lawyers including statutory Bar Councils considers it imperative to call upon and/or advise members of the legal profession to abstain from appearing in courts on any occasion, it must be left open to any individual member/members of that association to be free to appear without let, fear or hindrance or any other coercive steps. (2) No such member who appears in court or otherwise practices his legal profession, shall be visited with any adverse or penal consequences whatever, by any association of lawyers, and shall not suffer any expulsion or threat of expulsion therefrom. (3) The above will not preclude other forms of protest by practising lawyers in court such as, for instance, wearing of arm bands and other forms of protest which in no way interrupt or disrupt the court proceedings or adversely affect the interest of the litigant. Any such form of protest shall not however be derogatory to the court or to the profession. (4) Officerbearers of a Bar Association (Including Bar Council) responsible for taking decisions mentioned in Clause (1) above shall ensure that such decisions are implemented in the sprit of what is stat