DISTRICT BAR ASSOCIATION, DEHRADUN THROUGHITS SECRETARY versus ISHWAR SHANDILYA & ORS.

DISTRICT BAR ASSOCIATION, DEHRADUN THROUGHITS SECRETARY versus ISHWAR SHANDILYA & ORS.

The Supreme Court held that the right to freedom of speech and expression under Article 19(1)(a) does not entitle advocates to go on strike or boycott courts when such action prejudices litigants and impedes the right to speedy justice under Articles 14 and 21; boycotting courts as conducted in the districts at issue amounts to contempt and the High Court's directions directing withdrawal of strike calls and disciplinary action by Bar Councils were justified; accordingly the SLP was dismissed.

Parties
Petitioner: DISTRICT BAR ASSOCIATION, DEHRADUN THROUGH ITS SECRETARY; Respondent: ISHWAR SHANDILYA & ORS.
Jurisdiction
India
Judgment Date
28 February 2020
Procedural Posture
Special Leave Petition (civil) / Final Judgment SLP Dismissed
Outcome
SLP dismissed
Legal Topics
Freedom of Speech and Expression, Right to Strike, Advocates' Strikes and Boycotts, Speedy Justice, Bar Councils' Disciplinary Powers
Constitutional Law Legal Profession Regulation Contempt of Courts Access to Justice Freedom of Speech and Expression Right to Strike Advocates' Strikes and Boycotts Speedy Justice +1 more

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Parties

DISTRICT BAR ASSOCIATION, DEHRADUN THROUGH ITS SECRETARY

Petitioner

ISHWAR SHANDILYA & ORS.

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Judgment SLP Dismissed

Legal Issues

  1. 1 Whether advocates have a fundamental right under Article 19(1)(a) to go on strike or boycott courts
  2. 2 Whether boycotting courts on Saturdays amounts to contempt of court and unlawfully impedes access to justice
  3. 3 Whether the High Court was justified in directing District Bar Associations to withdraw strike calls and directing Bar Councils to take disciplinary action

Ratio Decidendi

The Supreme Court held that the right to freedom of speech and expression under Article 19(1)(a) does not entitle advocates to go on strike or boycott courts when such action prejudices litigants and impedes the right to speedy justice under Articles 14 and 21; boycotting courts as conducted in the districts at issue amounts to contempt and the High Court's directions directing withdrawal of strike calls and disciplinary action by Bar Councils were justified; accordingly the SLP was dismissed.

Court Disposition

SLP dismissed

Orders

  • Special Leave Petition dismissed
  • All concerned District Bar Associations to comply with the High Court directions reproduced in the impugned judgment in true spirit