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Cont.Pet.(C) 550/2015 in W.P.(C) 821/1990
Contempt Petition against lawyers strike

Status Report

Contempt Petition against lawyers strike

Common Cause has filed a contempt petition against the strike of lawyers in Delhi High Court and all district courts of Delhi on the issue of conflict over pecuniary jurisdiction. In WP (C) 821/1990 (Harish Uppal vs Union of India.) the Supreme Court had observed that lawyers had no right to go on strike and could not give any call for boycott. The court also held that lawyers refusing to respond to such a call could not be visited with any adverse consequences by the Bar Association or the Bar Council. In May this year, the Delhi High Court Bar Association went on a strike against passage of a bill by Rajya Sabha increasing the pecuniary jurisdiction of district courts. The bill was expected to reduce the workload of the Delhi high court by transferring thousands of civil suits, valued upto Rs two crores, to the six district courts.

The contempt petition seeks issuance of a writ of mandamus directing the Respondents to incorporate appropriate rule prohibiting the use of strike by advocates in the Standards for Professional Conduct and Etiquette” framed under Section 49(1)(c) of the Advocates Act, 1961. The Court had issued notice in the matter on September 11, 2015.  

 In the hearing on November 27, 2015, Mr. Ram Jethmalani requested for time to convene a meeting of the important sections of the Bar to try sorting out the problems once and for all. The Court granted his request and also directed the respondents to file their response in the meanwhile. The matter is now listed for April 5, 2016.

Contempt Petition (C) 550 of 2015 in WP 821 of 1990
Harish Uppal v Union of India-Dec 2002