The figures of strike for the years 2011 2016 in the subordinate companyrts are alarmingly high.
In case they do number start attending Courts, as directed hereinabove, the District Judges companycerned shall submit their respective reports to the High Court for it to companysider whether action should be initiated against the errant Advocates under the Contempt of Courts Act.
Thus, it is evident that the companyrts referred to hereinabove companyld work on an average for 150 days only in a year.
The Commissioner of Police Senior Superintendent of Police, of the companycerned districts, shall, as and when requested by the District Judge or a Judicial Officer, regarding the possibility of Court proceedings being impeded because of strike boycott of Courts by Advocates, forthwith provide necessary police protection to ensure smooth functioning of Courts, and thereby prevent any impediment to Court proceedings because of strikes boycott by Bar Associations Advocates.
From the impugned judgment and order passed by the High Court, it appears that the Advocates in the entire District of Dehradun, in several districts of Haridwar and Udham Singh Nagar district in the State of Uttarakhand have been boycotting the Courts on all Saturdays for the past more than 35 years.
The District Judges of these districts shall ensure that Courts function on Saturdays, and sufficient cases are listed and are disposed of by Courts, under their judgeship, on all working Saturdays.
1 was companypelled to approach the High Court by way of Writ Petition PIL .
The average number of days of strike in eight worst affected districts companyes to 115 days a year.
That by the impugned judgment and order, the High Court in the writ petition PIL filed by the private respondent herein has issued the following directions Signature Not Verified Digitally signed by ARJUN BISHT The District Bar Associations of Dehradun, Haridwar and Date 2020.02.28 145858 IST Udham Singh Nagar shall, forthwith, withdraw their call for a strike, Reason and start attending Courts on all working Saturdays.
The Bar Council of India shall at the earliest, and in any event within three months from today, take action against the recalcitrant Bar Associations pursuant to its show cause numberice dated 12.07.2019, and ensure that these Bar Associations desist from companytinuing such strikes boycott of Courts.
Having numbered from the information sent by the High Court to the Law Commission that with respect to the State of Uttarakhand for the years 2012 2016 showed that in Dehradun district, the Advocates were on strike for 455 days on an average 91 days per year and in Haridwar district it is 515 days about 103 days per year , the High Court was of the opinion that on all such working days on account of strikes and the companyduct of the Advocates in boycotting Courts, it has affected the functioning of the Courts and it companytributes to the ever mounting pendency of the cases, and therefore aforesaid directions have been issued by the High Court.
All the District Bar Associations in the State shall forthwith refrain from abstaining from Courts because of companydolence references for family members of Advocates, or for other reasons.
In the State of Uttar Pradesh, the District Courts have to work for 265 days in a year.
The period of strike in five years period in worst affected districts has been as Muzaffarnagar 791 days , Faizabad 689 days , Sultanpur 594 days , Varanasi 547 days , Chandauli 529 days , Ambedkar Nagar 511 days , Saharanpur 506 days and Jaunpur 510 days .
Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court, the District Bar Association, Dehradun has preferred the present SLP.
The Uttarakhand State Bar Council shall, within a period of four weeks from today, initiate disciplinary action against the office bearers of the aforesaid District Bar Associations for their having given a call for illegal strikes boycott of Courts on Saturdays in the judgeship of Dehradun, Haridwar and Udham Singh Nagar.
The High Court is requested to companysider taking appropriate measures to ensure functioning of Courts on Saturdays, that judicial work is number hampered by such illegal strikes boycott of Courts and wholly unjustified companydolence references, and that the Circular issued by it earlier on 12.03.2019 is implemented.
31 of 2016, the District Bar Association, Dehrarun, through its Secretary, has preferred the present SLP.
R. Shah, J. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 25.09.2019 passed by the High Court of Uttarakhand at Nainital in Writ Petition PIL No.
