STATE OF HARYANA Vs. RAI SAHAB

JUDGEMENT

(1.) Before dealing with the appeal on merits it is considered necessary to examine the legal position as to whether the appeal aforesaid could be taken up for final hearing in the absence of counsel for the accused-respondents, who, as stated, remained absent from the Court on account of a call given by Bar Association of Punjab and Haryana High Court. It has been noticed that on account of such like calls very often the lawyers have started abstaining from the Courts.

(2.) It is not considered appropriate to make any comment on the genuineness of the cause for which the Bar Association/Associations may call upon their members to observe so-called strike by non-appearance in the courts or as to whether such calls for strike could legally be given or not. As and when any such occasion would arise on the judicial side the question would be open to discussion. At this stage, suffice it to say that counsel have not appeared pursuant to a general call given by the Bar Association of which they are members and it may not be their intention or object that Courts should not be able to function and discharge the legal obligation of dispensation of justice as such but the result, however, shall be the same. The right of the Advocates for appearing in Courts and addressing the Courts in matters in which they have been duly engaged by the litigants, is governed by provisions of the Advocates Act, 1961. Sections 29, 30 and 33 of the Act read as under :

(3.) Strike by the lawyers for whatsover reasons was practically unknown. In fact the concept of strike started and took its roots with a view to enforce legal and moral obligations from the employer by a workman or labourer. In asmuch the lawyer has no master and no employer and continues to be engaged for self occupation and doing hard work, the concept of strike was totally unknown to this profession for a long time. However, in so far as we recollect in the recent past the first strike by the lawyers, even though for a day or so, was observed on the supersession of three Judges of Hon'ble Supreme Court way back in the year 1973. Thereafter, in so far as the States of Punjab and Haryana are concerned, the same being troubled States, strikes were observed on and off as and when some ghastly crimes were committed and such incidents being enormous, we would find a couple of strike every month. Presumably for the reason that Courts have simply adjourned the cases and no adverse orders were passed, strikes in recent past are observed more often and small insignificant issues totally unconnected with legal profession have also started concerning the members of legal fraternity. Whereas in the District Courts, strikes are observed by the lawyers quite often and sometimes on small issues, in the High Court the situation was not that bad till the lawyers of this Court observed indefinite strike which continued for about two months on the issue of some atrocities committed on the lawyers of Tees Hazari Courts Delhi which matter was enquired by a Commission of Enquiry and there was lot of litigation in the matter. After noticing a disturbing new trend to resort to strike by the members of the Bar for any cause whatsoever resulting into serious hardships for the litigants, this Court issued detailed instructions on the subject to all the District and Sessions Judges in the States of Punjab and Haryana as also Chandigarh, vide letter dated 20-3-1979, the relevant portion of which reads as under :-