HC flags frequent strikes by lawyers

HC flags frequent strikes by lawyers

Bar asked for details

Srinagar: The J&K high court has written to Kashmir High Court Bar Association and other district associations for furnishing information to Law Commission of India on its study of Advocates Act with emphasis on frequent strikes called by the lawyers.
The letter has been written by Registrar General Rakesh Sagar Jain following a communication by Law Commission of India to the chief justice N Paul Vasanthakumar, seeking information on study of the Advocates Act on the directions by the Supreme Court of India.
“You are aware that the Supreme Court of India, vide its judgment dated 5 -July 2016 expects the Law Commission of India to ‘go into all relevant aspects relating to regulation of legal profession in consultation with all concerned at an early date.’ Accordingly, the Commission is pursuing a study of the Advocates Act, 1961,” reads the communication by Dr. Justice B.S. Chauhan, former Judge of apex court and Chairman Law Commission of India to the J&K’s chief justice.
“Our study, inter alia, includes the conduct of the advocates, which, in a way or the other, affects the functioning of the Courts contributing to the arrears in pending cases. Though the Act provides for punishment of advocates for misconduct, yet, in the prevailing circumstances, it may appear that some provisions would be necessary to regulate their conduct in the Courts, which otherwise, not only hampers its working but also adversely affects the parties who look forward for justice,” the chairman of the law commission said.
“In this context, it is necessary to take into consideration the frequent strikes called for by the advocates so that any recommendation relating thereto is supported by the number of strikes called for and the sittings of the Courts hampered due to such strikes and the main cause for the strike calls,” he said and requested the Chief justice to use his “good offices” to have the information collated with respect to the High Court and the courts functioning under his jurisdiction for the past five years in Jammu and Kashmir.

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