Striking a blow for litigants, the Supreme Court today declared that they can claim damages from lawyers who go on strike.A five-judge Constitution bench headed by Chief Justice of India G B Pattanaik said: ‘‘The lawyer will be personally liable to pay cost to the court in addition to damages to the litigant, if both suffered due to the strike.’’This ruling comes just a day before lawyers are scheduled to go on a nationwide strike in response to a call given by their statutory body, Bar Council of India, to protest recent amendments to the law on Lok Adalats. Bengal lawyers stick to strike Kolkata: With its strike against the hike in court fees in the state entering the 35th day today, the West Bengal Bar Council refused to react on the Supreme Court ruling barring strikes by lawyers. The council also rejected CPI(M)’s appeal to end their agitation. ‘‘The appeal should come from the CM with an assurance that his government is ready to talk with us,’’ said Uttam Kumar Mazumdar, executive chairman of Calcutta High Court Bar Association. He said theirs was not a strike but ‘‘a peaceful cease work’’. The West Bengal Bar Council has decided to extend support to the striking lawyers. Santanu Banerjee Short of calling a lawyers’ strike illegal, the court said: ‘‘Lawyers have no right to go on strike, call for a boycott of courts or even go on a token strike.’’Vice president of the BCI Adish Aggarwala says: ‘‘The idea of banning strikes is not good for our democratic system. Even Attorney General Soli Sorabjee told the court in this very case that lawyers should have the right to strike.’’Disposing a batch of PIL petitions, the bench said those advocates who refuse to participate in the strikes called by bar associations could not be penalised.‘‘All lawyers must boldly refuse to abide by the strike calls given by bar associations,’’ Justice S N Variava, writing the judgement for the bench, said. ‘‘No threat or coercion of any kind can be held against an advocate for not participating in the strike,’’ he added.Spelling out an exception to the general rule that lawyers do not have the right to go on strike, the apex court said that they can do so only for a day in the ‘‘rarest of rare cases’’ if they felt that the ‘‘dignity, independence or integrity of the bar or bench’’ has been lowered.For such a token strike, which should not exceed one day, the ‘‘courts should turn a blind eye,’’ the bench said. But it did not leave the decision on what would constitute the lowering of the dignity, integrity or independence of bar or bench to the lawyers alone.Justice Variava said that when such a doubt arose among the lawyers, the concerned bar association president should consult the area district judge and decide the issue accordingly.The court also mooted setting up of grievance redressal committees in states where the lawyers could air their grievances for the committee to make appropriate suggestions.Justice Variava said the most the lawyers can do to protest against any injustice meted out to them is they could wear black badges and hold protest marches with placards and banners ‘‘outside and away from the courts’’ in a peaceful manner.However, the court work would not be allowed to suffer, the bench said adding ‘‘no court shall adjourn the hearing of a case if the lawyers go on strike.’’
