Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Strikes Advocates |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Advocates Act, 1961 (25 of 1961) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Advocates – Strikes – Constitution of India – Art. 19(1)(a) – The advocates in the entire District of Dehradun, in several districts of Haridwar and Udham Singh Nagar district in the State of Uttarakhand were boycotting the Courts on all Saturdays – Writ Petition before the High Court – The High Court directed the District Bar Associations to withdraw their call for a strike and start attending Courts on all working Saturdays – The Uttarakhand State Bar Council was also directed to initiate disciplinary action against the office bearers of the aforesaid District Bar Associations – The District Judges were also directed to submit reports to the High Court, in case advocates do not start attending Courts, to consider whether action should be initiated against the errant advocates under the Contempt of Courts Act – Before the Supreme Court, it was contended by the petitioner-District Bar Association that right to go on strike/boycott Courts is a fundamental right to Freedom of Speech and Expression guaranteed u/Art. 19(1)(a) of the Constitution of India – Held: A right to Freedom of Speech cannot be exercised at the cost of the litigants and/ or at the cost of the Justice Delivery System as a whole – To go on strike/boycott Courts cannot be justified under the guise of the right to freedom of Speech and Expression u/Art. 19(1)(a) of the Constitution – Nobody has the right to go on strike/boycott Courts – Even, such a right, if any, cannot affect the rights of others and more particularly, the right of Speedy Justice guaranteed u/Art. 14 & 21 of the Constitution – Therefore, boycotting Courts on every Saturday in the entire district of Dehradun, in several districts of Haridwar and Udham Singh Nagar district in the State of Uttarakhand is not justifiable and as such tantamounts to contempt of the Courts – Therefore, the High Court is justified in issuing the impugned direction |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2020 INSC 237 |
Petitioner | District Bar Association, Dehradun Throughits Secretary |
Respondent | Ishwar Shandilya & Ors. |
SCR | [2020] 7 S.C.R. 299 |
Judgement Date | 2020-02-28 |
Case Number | 5440 |
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