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This is an archive article published on November 6, 2019

Bar members seek restraint: Strike must end now

Senior advocate and former president of the Supreme Court Bar Association, Vikas Singh, condemned the violence and call for strike by lawyers, although he added that “the initial provocation seems to be done by the police”.

Delhi police protests, Tis hazari court violence, Lawyers-police clash at saket court, delhi news, Indian express Road jam during Delhi police protest at PHQ in New Delhi on Tuesday. (Express photo by Prem Nath Pandey)

As advocates in Delhi High Court and all district courts called for abstention from work for the third consecutive day, senior members of the bar called for restraint and appealed to lawyers to call off the strike.

“Violence never leads to anything good. The Supreme Court has already laid down the law that lawyers’ strike and suspension of the court is illegal,” retired Supreme Court judge Abhay Manohar Sapre said.

https://www.youtube.com/watch?v=TdqLtpKWEbY

In 2003, a three-judge bench ruling of the Supreme Court had said that lawyers have no right to go on strike or give a call for boycott, not even on a token strike.

“The protest, if any is required, can only be by giving press statements, TV interviews, carrying out of court premises banners and/or placards, wearing black or white or any colour arm bands, peaceful protest marches outside and away from court premises, going on dharnas or relay fasts, etc,” the court had said.

In October, the Delhi High Court had also observed that lawyers must refuse to abide by calls of strike.

Former additional solicitor general Siddharth Luthra appealed to lawyers to end the strike immediately. “It is time for the legal community, who are upholders of law, to end the strike immediately and pursue remedies by all legal means posssible,” he said.

“The issue is under judicial scrutiny and those who believe in the rule of law must eschew extra legal methods,” Luthra said.

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Senior advocate and former president of the Supreme Court Bar Association, Vikas Singh, condemned the violence and call for strike by lawyers, although he added that “the initial provocation seems to be done by the police”.

“But I do not approve of what happened thereafter. It is simply snowballing out of control now. As a member of the Bar, lawyers cannot take law in their hands,” he said.

“Lawyers as a class have no special immunity and the police deserve respect. The entire police force cannot be blamed but sometimes there are excesses and that’s where the courts intervene,” he added.

Apurva Vishwanath is the National Legal Editor of The Indian Express in New Delhi. She graduated with a B.A., LL. B (Hons) from Dr Ram Manohar Lohiya National Law University, Lucknow. She joined the newspaper in 2019 and in her current role, oversees the newspapers coverage of legal issues. She also closely tracks judicial appointments. Prior to her role at the Indian Express, she has worked with ThePrint and Mint. ... Read More

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