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1996 DIGILAW 1298 (SC)

Common Cause, A Regd, Society v. Union of India

1996-07-22

A.M.AHMADI, FAIZAN UDDIN, K.VENKATASWAMI

body1996
JUDGMENT : 1. The learned Attorney General has drawn our attention to our order of December 7,1994 by which we had worked out an interim arrangement setting out broadly the guidelines to be followed by the Bar Associations in the matter of strikes and cessation of work in Courts. The learned Attorney General states that since then there have been meetings held in this connection and he further states that he would call yet another meeting making it more broad based which would be helpful in working out a Code of Conduct which would provide the guidelines in this behalf. The Chairman of the Bar Council of India may also be associated at the meeting so that he would serve as a representative of the Bar throughout the country. We would also like the learned Attorney General to ascertain the instances of different Bar Associations having proceeded on strike after this order and the causes which weighed with them for giving the call for strike as that would help in broadly finalising the rare instances referred to in the first clause of the guidelines under the Order of 7.12.94 while evolving the Code of Conduct. Perhaps the Bar Council of India may be able to furnish the information in this behalf as copies of resolutions passed by different Bar Associations may have gone to that body. This statistical information would be of assistance in formulating the guidelines under the Code of Conduct. 2. The learned counsel representing the Secretary of the Calcutta Bar Association states that even though the Bar Association had indicated that it would not take any action against the advocate who appeared or attempted to appear in Court despite the Bar Association's call for strike, the show cause notices issued against such members would be withdrawn if not yet withdrawn. Counsel for the Secretary of the Bar Association states that they would be formally withdrawn. Let that be done within 8 weeks. List thereafter.