Mumbai: The Bombay High Court on Thursday disposed of the petition seeking direction to advocates to withdraw the strike called on Friday, saying it hoped that wisdom would prevail.
The Division Bench of Chief Justice Manjula Chellur and Justice G.S. Kulkarni was hearing a plea that challenged the resolutions passed by the Bar Council of India (BCI) on March 26 and by the Maharashtra and Goa Bar Council on March 27, respectively, to abstain from work.
The Bar Councils are aggrieved by the amendments proposed by the Law Commission to the Advocates Act. They say the changes proposed in the Amendment Bill 2017 are undemocratic and anti-lawyer.
The advocates will abstain from work on Friday as a token protest.
The plea in the High Court pointed out a judgement by the Constitution bench that says lawyers have no right to go on strike or give a call for boycott, not even a token strike. There are also Supreme Court judgements that the BCI must initiate action against lawyers indulging in such activities and inform the court on what action has been taken.
It was argued that the profession cannot hold the citizens and judiciary at ransom and that such resolutions should be declared null, void and bad in law.
The court, however, said advocates must understand their responsibility and wisdom must prevail.
Meanwhile, the Advocates Association of Western India came up with a resolution in support of the Bar Council of India’s call to condemn the proposed amendments to the Act.
The association said the amendments are anti-advocate, unconstitutional, undemocratic and against the interests of the general public. It added that if the Bar Councils are to consist of non-advocates who will be in majority, and the Bar Council of India is to have chartered accountants, architects, politicians and doctors, it will take away the autonomy, independence and transparency of the Council.
