H.P. High Court holds Bandh/Hartal by advocates as illegal

SHIMLA---In an important order, the High Court of Himachal Pradesh has held that holding of Bandh/Hartal or calling for Bandh/ Hartal as illegal and impermissible as it has the effect of interfering with the fundamental rights of the people. The orders were passed by the Division Bench comprising the Chief Justice Kurian Joseph and Justice V.K. Ahuja on a petition of District Bar Association, Shimla to provide a suitable land and construct a new Judicial Complex.

The Court was anguished by shifting of the stand by members of the District Bar Association, holding of ‘dharna’ and abstaining from attending Courts and calling for ‘Shimla Bandh’ on 10.12.10 by the District Bar Association when the matter is sub-judice, and specially since the previous orders of the High Court dated 10.05.2007 regarding construction of judicial complex at Chakkar was not challenged by the Bar Association. The High Court wondered if there was any legal or moral justification in taking the matter to streets after three years without challenging it in the Court as the lawyers were not laymen, unaware of legal procedure quoting several orders of the Supreme Court in this regard.

The High Court also impleaded State Bar Council as the 7th respondent in the case and directed it to file an affidavit as to what action has been taken by the Council in this matter under of Bar Council of India Rules.

The Court also directed the District Superintendent of Police, Shimla to file an affidavit as to whether any case has been registered in respect of the alleged disorderly conduct pertaining to the alleged call made by the District Bar Association, Shimla for ‘Shimla Bandh’ on 10.12.10.

The Court also appreciated the High Court Bar Association for resolving not to abstain from their professional duty of attending the Courts as the advocates are paid by the clients to do their professional work and abstentation from the work is misconduct.

The petition had been filed in the year 2007 by the District Bar Association, Shimla praying either to shift the non-judicial officers from the present complex or to provide a new Judicial Complex. In pursuance to this, government land at Chakkar was selected for construction of new Judicial complex after much deliberation. 21 court rooms alongwith many facilities for the Judicial officers, lawyers, litigants and general public have been provided in the new complex. The Construction work started in April 2008 and the new complex is almost ready. More than Rs. 25 crores have already been spent on the construction.

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