HC tells Lawyers: Strike over Working Saturdays cannot stop justice

In a decisive intervention on lawyer strikes, the Rajasthan High Court addressed an ongoing boycott over the designation of working Saturdays. The Bench underscored that no protest or absence from court work can override the rights of litigants or delay matters affecting personal liberty, signaling that administrative or collective grievances cannot halt judicial processes.

The controversy began when three Bar Associations called for a strike, opposing the decision to hold two working Saturdays each month. Counsel for the petitioner argued that the strike was a form of protest against what they saw as arbitrary scheduling. The Bench heard that some lawyers had refused to appear in court, citing unresolved representations, while ordinary cases, including those affecting incarcerated individuals, were being delayed.

The State highlighted that a committee had been formed to examine the grievances, but the associations insisted that absence was necessary to enforce their demands.

The High Court firmly rejected the strike, emphasizing the primacy of justice over protest. Observing that “When lawyers boycott the Courts, it directly violates the rights of the litigants to speedy justice, as guaranteed under Article 21 of the Constitution of India,” the Bench noted that the protest could not be allowed to impede personal liberty cases.

It stressed that the right to dissent must be exercised without obstructing court functioning. Consequently, the Court recalled any conditions that had delayed the release of an accused and directed the trial court to release him immediately, while clarifying that this order was specific to the facts of the case.