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1 - 10 of 24 (0.31 seconds)Article 145 in Constitution of India [Constitution]
Section 38 in The Advocates Act, 1961 [Entire Act]
Section 30 in The Advocates Act, 1961 [Entire Act]
Article 21 in Constitution of India [Constitution]
Section 49 in The Advocates Act, 1961 [Entire Act]
The Advocates Act, 1961
B.L. Wadehra (Dr.) vs State (Nct Of Delhi) & Ors. on 17 April, 2000
17) In the case of B. L. Wadehra vs. State (NCT of Delhi) & Ors.
reported in AIR (2000) Delhi 266, one of the questions was whether a
direction should be issued to the lawyers to call off a strike. The Delhi
High Court noted certain observations of this Court which are worth
reproducing:
Indian Council Of Legal Aid & Advice, ... vs Bar Council Of India & Anr on 17 January, 1995
"In Indian Council of Legal Aid and Advice v. Bar
Council of India reported in (1995) 1 SCC 732 : (AIR 1995
SC 691), the Supreme Court observed thus :
Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar, Govt. Of ... on 12 February, 1979
On the
other hand a litigant has a fundamental right for speedy
trial of his case, because, speedy trial, as held by the
Supreme Court in Hussainara Khatoon v. Home Secretary,
State of Bihar, (1980) 1 SCC 81: (AIR 1979 SC 1360) is an
integral and essential part of the fundamental right to life
and liberty enshrined in article 21 of the Constitution.
Strike by lawyers will infringe the above-mentioned
fundamental right of the litigants and such infringement
cannot be permitted. Assuming that the lawyers are trying
to convey their feelings or sentiments and ideas through
the strike in exercise of their fundamental right to freedom
of speech and expression guaranteed by Article 19(1)(a) of
the Constitution. We are of the view that the exercise of
the right under Article 19(1)(a) will come to an end when
such exercise threatens to infringe the fundamental right
of another. Such a limitation is inherent in the exercise of
the right under Article 19(1)(a). Hence the lawyers cannot
go on strike infringing the fundamental right of the
litigants for speedy trial. The right to practise any
profession or to carry on any occupation guaranteed by
Article 19(1)(g) may include the right to discontinue such
profession or occupation but it will not include any right to
abstain from appearing in Court while holding a vakalat in
the case. Similarly, the exercise of the right to protest by
the lawyers cannot be allowed to infract the litigant's
fundamental right for speedy trial or to interfere with the
administration of justice. The lawyer has a duty and
obligation to cooperate with the Court in the orderly and
pure administration of justice. Members of the legal
profession have certain social obligations also and the
practice of law has a public utility flavour. According to
the Bar Council of India Rules, 1975 "an Advocate shall, at
all times, comport himself in a manner befitting his status
as an officer of the Court, a privileged member of the
community and a gentleman, bearing in mind that what
may be lawful and moral for a person who is not a member
of the Bar or for a member of the Bar in his non-