The Punjab & Haryana High Court recently addressed a challenge against the resolution passed by the General Body of the District Bar Association, Hisar. The resolution proposed a five-day workweek for lawyers, declaring all Saturdays as non-working days. In response to this petition, the High Court directed the petitioners to approach the Bar Council of Punjab & Haryana for redressal.
A bench comprising Chief Justice Sheel Nagu and Justice Harmeet Singh Grewal emphasized the availability of an internal mechanism for resolving such disputes. The court stated:
"There is an in-house remedy of preferring representation/dispute before the Bar Council of Punjab and Haryana, which can be very well availed by the petitioners."
The petitioners argued that the decision of the District Bar Association, Hisar, contradicts a previous ruling by the Supreme Court in District Bar Association Dehradun through its Secretary v. Ishwar Shandilya & Ors. In that case, the Supreme Court ruled against advocates boycotting court proceedings in districts of Dehradun, Haridwar, and Udham Singh Nagar in Uttarakhand.
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A Supreme Court bench comprising Justices Arun Mishra and M.R. Shah had categorically stated:
"To go on strike or boycott courts cannot be justified under the guise of the right to freedom of speech and expression under Article 19(1)(a) of the Constitution. Nobody has the right to go on strike or boycott courts. Even such a right, if any, cannot affect the rights of others, particularly the right to speedy justice guaranteed under Articles 14 and 21 of the Constitution."
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After hearing the arguments, the Punjab & Haryana High Court declined to interfere in the matter at this stage but provided the petitioners with an alternative legal course. The court stated:
"Without entering into the merits of the instant petition, liberty is extended to the petitioners to prefer a representation before the Bar Council of Punjab and Haryana within 30 days, along with a copy of this petition and the orders passed today."
Furthermore, the court instructed the Bar Council of Punjab & Haryana to examine and decide on the petitioners’ grievance within 60 days by passing a speaking order and ensuring that the decision is duly communicated to the petitioners.
Case Title: Rajpal & Ors. v. District Bar Association Hisar & Ors.
