Delhi HC declares laywers’ strike illegal

The court pulled up the Centre for its failure to take action against erring police officials who had resorted to lathicharge on the agitating lawyers on February 24 and ordered it to either suspend or transfer them within two weeks to facilitate impartial functioning of an inquiry commission. And asked the Government to ensure the commission begins work on or before April 25.

Lawyers have been on strike since February 24 after police lathicharged them when they were marching towards Parliament to protest the amendments to the Civil Procedure Code and proposed amendments to the Advocates Act allowing foreign lawyers to practise in Indian courts.

Pronouncing the judgment in a packed courtroom, the judges said today: “Strike by lawyers cannot be accepted as a fundamental right as they are under obligation to work for the litigants and assist the court.”

The bench also ruled that preventing a lawyer from entering a courtroom is a criminal offence amounting to contempt of court and interference in the functioning of a court.

The court pulled up the Centre saying it did not make any effort to identify the officers and “seemed to have buckled under pressure from police.” Besides, the Government was never sincere in settling the issue amicably, it said.

The court indicted DCP Pranab Nanda, who had ordered the lathicharge on the advocates, and three other police officers and said such incidents could have been prevented. “We hope good sense will prevail on the lawyers and they must call off the strike and if they do not appear before the court, the presiding officers must proceed in accordance with law.”

Though three policemen have already been suspended, there were eight to ten others who had assaulted the lawyers, the judges said.