Illegal and unreasonable strikes and boycott are bad, Supreme Court requests High Courts to constitute Grievance Redressal Committee
The Supreme Court of
India requested to all the High Courts for constitution of Grievance Redressal
Committee in their respective High Courts as well as at the District Court
level the present petition was filed by the Bar Council of India through its
Chairman.
The petition was filed for
seeking appropriate directions from the Apex Court for constitution of
Grievance Redressal Committee for redressal of grievances of Advocates/Bar Associations
at different levels including directions to all the High Courts to constitute
the suggested committees for the State as well as Districts and Taluka Courts
within their respective territorial jurisdiction.
This instant petition was
preferred before Supreme Court after Bar Council of India and all the
representatives of the lawyers were of the unanimous opinion that there should
be grievance redressal mechanism available to Advocates at all levels from the
Talukas/Mufassils/ District Courts, High Courts where the members of the Bar
could vent their grievances in a meeting
held between all the Chairmen/ Office Bearers of all the State Bar Councils.
The present petition was filed because of the frequent strikes and
boycotts that the Bar never approves. It was submitted by the leaned Senior
Advocate and also Chairman of the Bar Council of India Shri Manan Kumar Mishra,
that the petition was filed in order to check and control the frequent strikes,
boycotts. The Bar never approve or encourage illegal and unreasonable strikes
and boycotts as they are bad – he submitted.
However, many a times
members of the Bar have very genuine grievances and due to non-resolving of
such genuine grievances, the members of Bar go on strike. Therefore, if the
genuine grievance of the members of the Bar like any dissatisfaction because of
the procedural changes in filing or listing of the matters in High Courts or
Districts Courts in the respective States
or any grievance pertaining to misbehave of any member of the lower judiciary
or any other serious grievance against judicial officers can be ventilated
before the Grievance Redressal Committees so that the members of the Bar who
are also part of the justice delivery system may feel that their genuine
grievances are heard and ventilated by some forum – he added.
After having the heard
Chairman of the Bar Council of India, Supreme Court reiterated with his view
that no members of the Bar can go on strike and/or abstain himself from Court
working and it is also criticised going on strike by advocates. Therefore the Apex
Courts concurrently agreed with the Bar and
request all the High courts to constitute the Committee and also to make
guidelines to constitute Committee at District Court level.
Grievance Redressal
Committee will be headed by the Chief Justice and two other senior Judges, one
each from the service and one from the Bar to be nominated by the Chief Justice as
well as the Advocate General, Chairman of the Bar Council of the State and
President of the High Court Bar Association.
The function of the
Committee is to consider the genuine grievance related to the difference of
opinion or dissatisfaction because of the procedural changes in filing/listing
of the matters of the respective High Court or any District Courts in their
respective States and any genuine grievance pertaining to misbehave of any
member of the lower judiciary, provided such grievance must be genuine and not
to keep the pressure on the judicial officers.
Coram:
Justice M.R. Shah And Justice Ahsanuddin Amanullah
Case:
District Bar Association Dehradun Vs.
Ishwar Shandilya & Ors. (M.A. NO. 859 OF 2020)
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