TMI Blog2017 (4) TMI 363X X X X Extracts X X X X X X X X Extracts X X X X ..... referred to the duties, obligations, responsibilities and the divine work of the community of the lawyers while discharging their professional duties. One has to remember fundamental rights of the litigant. Advocate is an Officer of the Court and plays an important role in the administration of justice. Lawyer must remember nobility and tradition of the legal profession. One cannot forget the past history of this country where lawyers community played a great role, be it political or social revolution. They contributed a great deal even by sacrificing their lives for the sake of the country during freedom struggle. They understand the problems of the litigants as well as the proceedings in the Court better than any one else in the system of dispensation of justice. The lawyers have a significant role to play, in the mechanism of dispensation of justice. The lawyers in performance of their professional obligations, are pillars of strength and hope for the society. We are confident of the wisdom of the lawyers as professionals. In the light of various judgments of the Apex Court and this Court, we hope that wisdom would prevail on the lawyers, so far as the present call to abstain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otest on 31st March, 2017. 4. The Council further resolves to prepare a detailed memorandum and to give it to the Hon'ble the President of India, Hon'ble the Prime Minister of India, Hon'ble Union Minister for Finance, Hon'ble Union Minister of Law Justice and all other Hon'ble the Union Ministers. 2. In pursuance of the above resolution, the Bar Council of India has addressed a communication dated 26th March 2017 (Exh.B, page24) to all the Secretaries of the State Bar Councils, informing of the said resolution and requesting the Bar Councils and Bar Associations to abstain from Court work on 31st March 2017. We have also gone through page25 which is an appeal said to have been made by the Bar Council of Maharashtra and Goa dated 27th March 2017, which reads as under: APPEAL is made to ALL THE ENROLLED ADVOCATES of Bar Council of Maharashtra Goa, that the Law Commission of India has proposed Amendments in Advocates Act, 1961 by Amendment Bill 2017 . The said proposed amendments are undemocratic and Antilawyers. Therefore, the Bar Council of India has given call to all the Bar Councils and Bar Associations to abstain from Court Work on 31/03 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... poused at AnnexureA before passing the resolution in question. He further submits that since the parent/ apex body i.e. Bar Council of India gave the call, the respondentState Bar Council of Maharashtra and Goa simply gave an appeal and no separate resolution as such has been passed by them. 6. At this stage, we are not deciding correctness or otherwise of the so-called suggestions which are still in the process of becoming part of the statute. As already stated above, certain process and procedure is required to be undergone before the said proposed amendment is to be implemented. It is submitted that the suggestions made by the Bar Council of India were not considered and, therefore, they are aggrieved by the suggestions now made by the Law Commission. There is still scope for considering the grievances or objections raised to the suggestions which may become part of the draft of the Bill, because the Cabinet approval to the draft of the Bill has to be followed by the Standing Committee approval. Then only the Bill can be introduced in any of the Houses. At that stage, there is scope for a debate on the issue before it gets approval on the floor of the Houses. At that point of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the Chief Justice or the District Judge would be final and have to be abided by the Bar. It is held that Courts are under no obligation to adjourn matters because lawyers are on strike. On the contrary, it is the duty of all Courts to go on with matters on their boards even in the absence of lawyers. In other words, Courts must not be privy to strikes or calls for boycotts. It is held that if a lawyer, holding a Vakalat of a client, abstains from attending Court due to a strike call, he shall be personally liable to pay costs which shall be addition to damages which he might have to pay his client for loss suffered by him. 46. It is now hoped that with the above clarifications, there will be no strikes and/or calls for boycott. It is hoped that better sense will prevail and self restraint will be exercised. The Petitions stand disposed off accordingly. 8. If one has to understand the implication or consequences of abstaining from work in general terms, the strike would mean abstaining from work apart form other meanings. It is nothing but demonstration of protest against the suggestions or resolution denying in line with the demand. It can also mean temporary stop ..... X X X X Extracts X X X X X X X X Extracts X X X X
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