The Allahabad High Court has ruled that any lawyer or lawyers’ association that goes on strike, calls for a strike, or abstains from work due to the death of a lawyer, court officer, employee, or their relatives will be considered as committing an ex-facie act of criminal contempt. However, the court clarified that lawyers or their associations may hold condolence meetings only after 3:30 pm.
A bench comprising Justices Ashwani Kumar Mishra and Gautam Chowdhary directed all district judges across Uttar Pradesh to report any strike by lawyers in their respective courts to the registrar general of the high court. The report should include the names of the office-bearers of the bar association that initiated the strike, so that criminal contempt proceedings can be instituted against them.
The division bench further ordered that these directions be circulated to all district courts and displayed on the notice boards of all courts throughout the state to ensure strict compliance.
These directions were issued while the court was dealing with a suo-motu criminal contempt matter, in which cognisance was taken based on a report from the district judge of Prayagraj. The report indicated that between July 2023 and April 2024, lawyers in the district court had abstained from work or resorted to strikes for 127 days out of a total of 218 working days.
The court noted that the Supreme Court has repeatedly held that lawyers going on strike not only constitutes contempt of court but also amounts to professional misconduct. The court has sought suggestions from the Bar Council of India (BCI), Uttar Pradesh State Bar Council, and Allahabad High Court Bar Association on how to curb the issue of strikes in the district courts of Uttar Pradesh.
In its order dated August 7, the bench also considered a report from the registrar general of the high court, which highlighted that judicial work in the district courts across Uttar Pradesh is severely hampered by the strike calls given by lawyers.
The matter is scheduled to be heard next on September 25.
