Protests can’t infringe rights of others: Supreme Court [Read Judgment]

After a few judges spoke on the cardinality of the right to dissent & protest peacefully, the Supreme Court on Friday ruled that one’s right to protest could not infringe upon the rights of others as it upheld the Uttarakhand HC verdict initiating stringent action against lawyers boycotting district court work for years.

Uttarakhand lawyers had moved the Supreme Court claiming that the High Court verdict violated their fundamental right to free speech to go on strike court work to protest against issues concerning them. They said it was a mode of peaceful representation to express grievances of the lawyer community.

Rejecting the arguments, a bench of Justices Arun Mishra & M R Shah said, “Such a right to freedom of speech can't be exercised at the cost of litigants &/or at the cost of the justice delivery system as a whole.”

“To go on strike or boycott courts can't be justified under the guise of right to freedom of speech & expression under Article 19(1)(a) of the Constitution,” the Supreme Court bench said.

Advocates in the districts of Dehradun, Haridwar & Udham Singh Nagar have been boycotting court work on Saturdays for the past more than 35 years. The Law Commission had found that between 2012 & 2016, advocates were on strike for 455 days (average 91 days per year) in Dehradun district & 515 days (average 103 days per year) in Haridwar district.

A Public Interest Litigation (PIL) against the strikes was entertained by the High Court, which passed a series of directions on the line of law settled by the Supeme court banning strikes by lawyers. It also warned of contempt of court proceedings against errant advocates.

The bench also took suo motu cognisance of lawyers resorting to strikes in several parts of the country despite a series of judgments by the Supreme Court banning strikes by advocates. “We take suo moto cognisance & issue notices to Bar Council of India & all state bar councils to suggest further course of action & to give concrete suggestions to deal with the problem of strikes/abstaining from work by lawyers,” the bench said & sought responses from Bar Council of India & state councils within six weeks.

The court criticised the inaction of Bar Council of India & state councils against lawyers indulging in strikes. “The day has now come for the Bar Council of India & bar councils of states to step in & take concrete steps. It is the duty of bar councils to ensure that there is no unprofessional & unbecoming conduct by any lawyer,” it said.

Writing the judgment endorsing the steps taken by the High Court against lawyers of three districts of Uttarakhand, Justice Shah said, “We direct all concerned & district bar associations to comply with the directions issued by the HC in its true spirit. It is directed that if it is found that there is any breach of any of the directions issued by the HC in the impugned judgment & order, a serious view shall be taken & the consequences shall follow, including punishment under the Contempt of Courts Act.”

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