Karnataka   

Advocates’ resolution to abstain from courts stayed

BANGALORE: The Karnataka High Court on Saturday stayed a resolution of the Advocates’ Association of Bangalore of November 4, 2009, asking advocates to refrain from attending all courts and tribunals in the State on Monday.

A Division Bench comprising Justice Manjula Chellur and Justice B.V. Nagaratna passed the order on two petitions by residents of Bangalore challenging the resolution of the association.

The petitioners, Gundappa and Doddamani, said the association should not have asked advocates to refrain from courts as it would affect the litigants. They urged the court to stay the resolution.

Senior advocate R.N. Narasimha Murthy, appearing for the AAB, said it was the duty of the Bar to protect the dignity of the judiciary. He said the association had waited for more than a month before taking the decision. He said the association had urged the Chief Justice of India to take an expeditious decision on the allegations levelled against the Chief Justice of the Karnataka High Court but so far no decision had been taken. Senior advocate Mahale contended that the AAB had only used the word abstain and it had no where called for a boycott. Senior advocates Subramanya Jois, who appeared for former State Bar Council Chairman Sadashiva Reddy and Pramila Nesargi, argued against the court passing any orders against the resolution.

G.R. Mohan argued that the petition is not maintainable. He said the resolution is binding on all advocates.

Additional Advocate General K.M. Nataraj said the Government was against all strikes. He, however, made it clear that the advocates were bound by any resolution passed by the association.

Registrar-General, R.B. Budhihal, appearing for the High Court said advocates could not go on strike and that the doors of temple of justice would have to be always kept open for litigants.

Advocate Lakshminarayana, appearing for the Karnataka Advocates’ Society, said the association should not pass any resolution as the Supreme Court collegium is seized of the matter. He cited several Supreme Court judgments asking advocates not to go on strike.

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