Supreme Court Lays Down Comprehensive Guidelines To Prevent Misuse Of POCSO Act In Matrimonial Disputes Land Reforms Act | Joint Application For Pre-Emption By Adjoining Landowners Is Maintainable: Calcutta High Court Ocular Evidence In Conflict With Medical Findings Or Withholding Of Natural Witnesses Vitiates Prosecution Case: Allahabad High Court Compassionate Appointment Claim Must Be Decided Based On Policy Prevalent At Time Of Death: Bombay High Court Section 376 IPC | Failure To Prove Initial Dishonest Intent In Marriage Promise Renders Sexual Relationship Consensual: Allahabad High Court Prolonged Incarceration And Delay In Trial Are Valid Grounds To Invoke Constitutional Right To Speedy Trial Under Article 21 In UAPA Cases: Delhi High Court Motor Vehicles Act | Insurer Liable To Pay And Recover Compensation For Gratuitous Passengers In Goods Vehicles: Gujarat High Court Proof Of Demand And Acceptance Under PC Act Must Be Evaluated Based On Preponderance Of Probabilities In Rebuttal: Kerala High Court Tenancy Claim | Mere Possession Without Lawful Foundation Or Identification Of Tenanted Land Cannot Confer Occupancy Rights: Karnataka High Court 125 CrPC | Maintenance Cannot Be Evaded By Claiming Physical Disability If Conduct Indicates Concealment Of Financial Means: Kerala High Court M.P. Municipal Corporation Act | Locus Standi Under Section 307(5) Limited To Residents Of The Municipal Area: Madhya Pradesh High Court Writ Jurisdiction | Belated Challenge To Disciplinary Action After Superannuation Amounts To Laches; Petition Dismissed: Punjab & Haryana High Court Order 39 Rule 1 & 2 CPC | Mere Pendency Of Partition Suit Does Not Entitle Plaintiff To Injunction Restraining Reconstruction Of Residential Building: Kerala High Court Not A Mere Breach Of Contract: Telangana High Court Refuses To Quash FIR In ₹73 Crore Garment Investment Fraud Section 482 CrPC | High Court Quashes FIR Following Private Compromise In Non-Heinous Dispute Arising From Civil Conflict Mere Involvement In Criminal Case Does Not Constitute Moral Turpitude To Deny Public Appointment: Telangana High Court Pendency Of Investigation Cannot Be A Blanket Ground To Deny Permission For Foreign Travel: Rajasthan High Court Fraudulent Representation By Counsel Vitiates Ex Parte Decree: Punjab & Haryana High Court Holds Professional Misconduct As Evidence Of Fraud Writ Jurisdiction | Suppression Of Material Facts Regarding Pending Criminal And Departmental Proceedings Renders Petition Liable To Dismissal: Orissa High Court Banking Fraud | Failure Of Bank Official To Conduct Physical Inspection Of Collateral Property Constitutes Criminal Conspiracy And Abuse Of Official Position: Madras High Court Fraud Vitiates Judicial Proceedings: Judgment Obtained Through Misrepresentation And Conflict Of Interest Cannot Be Sustained, Holds Punjab And Haryana High Court Discovery Under Section 27 Evidence Act From Publicly Accessible Place Requires Caution: Supreme Court Mere Recovery Of Articles At Instance Of Accused Without Independent Corroboration Cannot Sustain Conviction: Supreme Court DNA Profile Must Be Supported By Other Conclusive Evidence To Prove Guilt: Supreme Court

Supreme Court Warns Faizabad Bar: No More Work Strikes, Grievances Must Follow Legal Channels

04 September 2024 10:57 AM

By: sayum


The Supreme Court of India, in a recent hearing, directed the Faizabad Bar Association to refrain from passing resolutions for abstaining from work. The Court stressed that any grievances the members have should be addressed through proper legal channels, such as approaching the District Judge or the Administrative Judge of the High Court. The judgment underscores the judiciary's stance against work abstentions that disrupt court functioning and affect the administration of justice.

The case arose from a Public Interest Litigation (PIL) filed by the Faizabad Bar Association challenging actions taken by the Bar Council of Uttar Pradesh. The Association had earlier passed resolutions for abstaining from work, which led to a confrontation with the High Court of Judicature at Allahabad, Lucknow Bench. The High Court highlighted the problematic conduct of the Bar Association members, leading to the current proceedings before the Supreme Court.

During the proceedings, the Supreme Court, presided over by Justices Surya Kant and Ujjal Bhuyan, was apprised of the High Court's observations regarding the Faizabad Bar Association's actions. The High Court, in its judgment, criticized the Bar Association for passing resolutions that hindered the functioning of the court. The Supreme Court took serious note of this, acknowledging the disruptive impact such actions have on the judicial process.

The Court made it clear that such resolutions, which advocate for abstention from work, are not acceptable. The bench emphasized that grievances of Bar members should be redressed through formal mechanisms within the judicial system, rather than resorting to actions that impede the court’s functioning.

The Supreme Court's directive is grounded in the principle that the administration of justice must not be obstructed by any form of collective action that halts court proceedings. The Court's order reflects a commitment to ensuring that any issues within the Bar are addressed through lawful and procedural means, maintaining the integrity of the judicial system.

The bench ordered that every office bearer of the Faizabad Bar Association must file an affidavit by the next hearing date, affirming that they will not pass any further resolutions to abstain from work. The affidavits are to be submitted before the District Judge, the High Court, and the Supreme Court.

Justice Surya Kant observed, "The practice of passing resolutions to abstain from work is not in the interest of justice and cannot be condoned. The Bar must seek redressal of grievances through appropriate legal forums."

The Supreme Court’s ruling serves as a stern reminder to Bar Associations across the country that the administration of justice cannot be disrupted by actions such as work abstentions. By requiring undertakings from the Faizabad Bar Association's office bearers, the Court has reinforced the importance of adhering to lawful procedures for grievance redressal. This judgment is expected to have significant implications for the conduct of Bar Associations nationwide, ensuring that the judicial process remains uninterrupted.

Date of Decision: September 2, 2024.

Faizabad Bar Association vs. Bar Council of Uttar Pradesh & Ors.

Latest Legal News