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| Jakub Klawon |
Lawyers cannot boycott courts, even if asked by Bar Councils. It is banned, it is illegal, it is unethical & it is professional misconduct.
What if, one day
soldiers defending our borders decide to go on strike. We the lawyers
protect something worth protecting by the soldiers. Armies protect a country
from foreign enemies. Lawyers protect the nation from its own people. Soldiers just protect democracy but do not practise it. Lawyers protect democracy as well as practise it. So, when an army cannot go on strike, how can lawyers?
Shocked! we are to see, that bar councils themselves are calling for strike by lawyers. Advocates
in constitutional courts are also falling into the trap of bar councils. Meekly
surrendering to a strike call by bar council is betrayal to entire judicial
system by a lawyer.
Law is no trade, and
briefs of litigants no merchandise (2001)1 SCC 118. If there is a boycott call,
a lawyer should boldly ignore the same (1999)1 SCC 37.
Although, commenting on the court work is considered an unpardonable sin in this country however let’s remind ourselves that in Ishwar Shandilya vs State of Uttarakhand and others WPPIL no 31 of 2016, decided on 25.09.2019 by the bench of Justice Ramesh Ranganathan and Justice Alok Kumar Verma has held that -
“Courts
must not be privy to strikes or calls for boycott. Its duty is to proceed with
matters on its board even in the absence of lawyers, and despite the request
for adjournment on account of strikes.”
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