A.M.AHMADI, M.M.PUNCHHI, N.P.SINGH
COMMON CAUSE (A REGISTERED SOCIETY) – Appellant
Versus
Union of India – Respondent
( 1 ) THIS petition, brought under Article 32 of the Constitution, raise vital issues in regard to the duties and obligations of the members of the legal profession relating to the judicial system in general and the litigating public in particular and seeks the courts intervention to arrest the harm allegedly caused to the image and dignity of the judiciary and the interest of the litigants on account of the members of the Bar proceeding on strike from time to time in different parts of the country. The petitioner contends that the lawyers constitute the intelligentsia of the country and their striking court work on one pretext or the other, sometimes on trivial matters, thereby paralysing the judicial system results in untold misery to the litigants both in terms of avoidable harassment and expenses. By striking work, contends the petitioner, lawyers fail in their professional duty to appear and conduct casesfor which they are engaged and paid and thereby interfere with the course of justice. Since litigants have a fundamental right to speedy justice as observed in Hussainara Khatoon v. Home Secy. , State of Bihar it is essential that cases must proceed when they appear on board a
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