The Supreme Court today has directed the Allahabad High Court to take immediate action against repeated instances of lawyers abstaining from judicial work in Gautam Buddha Nagar, observing that its earlier binding directions prohibiting strikes are being violated on the ground.
The Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi was hearing a plea alleging that the District Civil and Criminal Bar Association, Noida, continued to pass resolutions leading to frequent boycotts despite a clear order issued under Article 142 of the Constitution.
During the hearing, the bench noted that there was “some merit” in the petitioner’s allegations that lawyers had abstained from work on multiple dates, including several occasions in January and additional instances thereafter. The Court expressed concern that such actions disrupt the justice delivery system and directly impact litigants.
Referring to its earlier judgment in the Faizabad Bar Association matter, it was submitted that all Bar Associations in Uttar Pradesh are restrained from passing resolutions for strikes or abstaining from work on working days. The court pointed out that the High Court has already been empowered to enforce these directions.
“We have given ample power to the Committee High Court. our purpose was only because the Supreme Court should not entertain with the question of the local High Court that High Court is in a better position. So have you approached the Chief Justice of the High Court?”
To this, the petitioner pointed out several instances of advocates abstaining from judicial work, despite the Supreme Court’s categorical prohibition on strikes & refrain from work resolutions. He also referred to show-cause notices issued by a three-member committee of the High Court to Bar Association office bearers, noting that such notices were issued after repeated acts of defiance of the Supreme Court’s directions.
It was submitted that the petitioner is a poor person, and he was thrashed out of the district court because advocates were abstaining from work.
Referring to its order dated December 20, 2024, the Court observed that the three-judge committee constituted by the High Court ought to have taken immediate action against the office bearers of the Bar Association in cases of continued defiance.
Without expressing any further opinion on the merits, the Court directed the District Judge, Gautam Buddha Nagar, to submit a report to the Registrar of the High Court within one week. The report is to include details of all working days on which the Bar Association passed resolutions leading to abstention from judicial work by its members.
“From the order dated 20th December 2024, it appears that the three-Judge Committee constituted by the High Court ought to have taken immediate action against the office bearers of the Bar Association. Without expressing any further opinion, we direct the District Judge, Gautam Buddha Nagar, to send a report to the Registrar of the High Court within one week, giving details of the working days on which the Bar Association passed resolutions and members of the Bar abstained from work pursuant to such resolutions.”
The High Court’s committee has been asked to take immediate action in accordance with the earlier Supreme Court order, including proceeding against office bearers where necessary.