N.K.Assumi (Advocate) 22 February 2009
In Common Cause Vs Union of India 1995 (1) Scale 61: the Supreme Court directed that Advocates should not resort to strike or boycott the court or abstain from court except in serious , rarest of rare cases: So, what amounts to serious, rarest of rare case?
AEJAZ AHMED (Legal Consultant/Lawyer) 22 February 2009
DEAR ASSUMI,
The rarest of rare cases are those which involving the dignity and
independence of the judiciary as well as of the Bar. Kindly go through the following Judgments:
https://indiankanoon.org/doc/953671/
N.K.Assumi (Advocate) 22 February 2009
Great Aejazji, thank you for your valuable information.
Ravi Arora (Advocate) 22 February 2009
kya bat hai Aejaz bhai,
Good sir
Shree. ( Advocate.) 23 February 2009
In the Harish Uppal case, the Apex Court made it clear and declared that strike by lawyers is illegal. However, not foreclosing the right completely, the court had said that boycotting could be resorted for one day in case of rarest of rare cases. Clarifying the issue further, the Supreme Court had said that three factors should be kept in mind by striking lawyers.
Firstly, they should give sufficient notice to the authorities and inform them well in advance about their agitation plan.
Secondly, it should be rarest of rare cause. Thirdly, those who opt to appear in court should not be obstructed in any manner.
N.K.Assumi (Advocate) 23 February 2009
Shreeji, what about the European and the Continental practice in this aspects?
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