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Supreme Court Criticizes Faizabad Bar Association for Calling Strikes, Orders Undertakings

Updated: Sep 3

The Supreme Court of India expressed strong disapproval of the Faizabad District Bar Association, Uttar Pradesh, for allegedly calling strikes and abstaining from judicial work, which the Court deemed as "gross contempt." The bench, comprising Justices Surya Kant and Ujjal Bhuyan, was hearing the Association’s plea challenging an Allahabad High Court judgment that constituted an Elders Committee to oversee the Bar's affairs and ensure its Governing Council elections were conducted by December 2024.


The Supreme Court ordered the office bearers of the petitioner-Association to file undertakings by way of affidavits before the District Judge, High Court, and the Supreme Court, committing that they would never again pass resolutions to abstain from work. The Court emphasized that if the Bar Association members had any grievances, they should approach the District Judge or, if necessary, the Administrative or portfolio Judge of the High Court for redressal.


Initially, the Court considered requiring affidavits from all members of the Bar Association, which could have led to contempt proceedings and the suspension of their licenses. However, following a plea by Senior Advocate Rakesh Kumar Khanna, representing the petitioner-Association, the Court limited the order to the office bearers at this stage.


Justice Surya Kant also expressed concerns over the Uttar Pradesh Bar Council’s inaction in the matter and highlighted the difficulties faced by rural litigants when their lawyers abstain from work due to such resolutions. He contrasted the petitioner-Association with the Supreme Court Bar Association, noting that the latter has never supported or engaged in similar actions.


The Court's strong stance underscores the judiciary's intolerance towards disruptions in the legal process and its commitment to ensuring that the rights of litigants are not compromised by such strikes. The Faizabad Bar Association has been directed to purge itself of the contempt as a preliminary step in resolving the matter.


*CASE TITLE:* Faizabad Bar Association Versus Bar Council of Uttar Pradesh and Ors., SLP(C) No. 19804-19805/2024






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