The Supreme court today sought the response of lawyers' bodies on a plea seeking contempt proceeding against them for going on strike recently by disobeying the apex court's direction that advocates have no right to go on strike.
A bench of justices Kurian Joseph and Arun Mishra issued notices to Chairman of Coordination Committee of District Bar Association, Delhi High Court Bar Association and Bar Council of India as to why action for contempt of court should not be taken against them for willful violation of the constitution bench judgement.
The direction came on a plea filed by NGO Common Cause which has approached the apex court against the recent strike of lawyers in Delhi High Court and District Courts on the issue of pecuniary jurisdiction.
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"Advocates have obligations and duties to ensure smooth functioning of the court. They owe a duty to their clients. Strikes interfere with administration of justice. They cannot thus disrupt court proceedings and put interest of their clients in jeopardy," the NGO said.
During the hearing, advocate Prashant Bhushan, appearing for the NGO, said the apex court in a 2002 judgement had held that "lawyers have no right to go on strike, nor can they give any call for boycott".
"This court has further stated that lawyers refusing to respond to such a call cannot be visited with any adverse consequences by the Bar Association or the Bar Council," he said.
In its plea, the NGO said a Bill to enhance pecuniary jurisdiction was introduced in Parliament which proposed that civil suits upto Rs 2 crore would be heard by the District Courts instead of the Delhi High Court.
"Lawyer's body of Delhi High Court called for abstinence of work and sought that the Commercial Courts Bill 2015, which calls for the creation of dedicated courts for commercial cases at the trial court and High Court levels, and fixes the pecuniary jurisdiction of all High Courts in commercial cases, should be tabled along with the Delhi High Court Amendment Bill," it said.
