The Supreme Court on
Thursday said lawyers cannot go on strike or abstain from work and directed all
high courts to constitute grievance redressal committee at the state level
headed by the chief justice, where advocates could make representations for redressal
of "genuine problems".
A bench headed by Justices MR Shah and Ahsanuddin
Amanullah said that a separate grievance redressal committees be constituted at
district court level to provide a forum, where lawyers could seek redressal of
their genuine grievances related to procedural changes in filing or listing of
cases or misbehavior of member of lower judiciary.
"We once again reiterate that no member of the
bar can go on strike...Time and again this court has emphasised that advocates
going on strike or abstaining from their work hampers judicial work", the
bench said.
The court disposed of an application filed by
District Bar Association of Dehradun seeking an appropriate forum for redressal
of their complaints and directed the registry to send the copy of this order to
the registrar general of all high courts for taking steps in accordance with
the order.
Justice Shah, who pronounced the order, said if
members of bar have some genuine grievance or face difficulty because of the
procedural changes in filing and listing of matters or any genuine grievance
pertaining to the misbehavior of member of the lower judiciary, they can very
well make a representation for redressal of genuine grievance by some forum, so
that such strikes could be avoided.
It said the forum should be a place where members of
the bar can ventilate their grievances.
"Therefore, we
request all high courts to constitute a grievance redressal committee in their
respective high courts which may be headed by the chief justice and such a grievance
redressal committee should consist of two other senior judges--one each from
the judicial services and one from the bar--to be nominated by the chief
justice as well as the advocate general of the state, chairman of the bar
council of the state and the president of the high court bar association",
it said.
The bench said the high courts may also constitute a
similar grievance redressal committee at the district court level.
"It is observed that the grievance redressal
committee will consider the genuine grievances related to difference of opinion
or dissatisfaction due to procedural changes in filing and listing of the
matter in respective high courts or any district courts in their respective
states and any genuine grievance pertaining to misbehavior of any member of
lower judiciary provided such grievance must be genuine and not to put any
pressure on any judicial officer", the bench said.