The apex court after hearing Adv. Prashant Bhushan in Common causes vs Abhijat & Ors argue that the BCI is not enforcing its own resolutions and is not equally looking effectively into the disciplinary control side too, directed the BCI and State Bar Councils to answer about the actions they have undertaken against participation of lawyers in illegal strike.
After hearing Mr. Bhushan argue that the BCI is not enforcing its own resolutions and is not equally looking effectively into the disciplinary control side too.
The courts among many others mainly referred to the Judgment in Ex.Capt. Harish Uppal vs. Union Of India where the SC held that lawyers have no right to boycott or strike. The Apex Court directed the BCI to produce before it the following:
“the entire data of its resolutions as well disciplinary matters pending throughout the country with various Disciplinary Committees of the various State Bar Councils and how many matters on disciplinary side are pending before the BCI and for how long. “
The Bench comprising Jusitce Arun Mishra and Justice Aniruddha Bose listed the matter in the last week of September and directed the BCI to file Affidavit regarding the above mentioned by 28th September 2019 of the Secretary, Bar Council of India.