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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Rajesh Kushwah S/o Shri Ramshakal Kushwah – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. lawyers' strike impacts justice delivery. (Para 1 , 2 , 4 , 6) |
| 2. court's message regarding management of case backlogs. (Para 3 , 5) |
| 3. the right to protest vs rights to life and liberty. (Para 7 , 8 , 9 , 13 , 14) |
| 4. conditions on bail and fine must respect the rights of the accused. (Para 10 , 11 , 12) |
| 5. court's orders and implications for immediate release of the applicant. (Para 15 , 16 , 18) |
ORDER :
1. On a resolution passed by three different Bar Associations of this Court two at Principal Seat at Jodhpur and one at Jaipur Bench, all the lawyers have decided to abstain from work and remain on strike as a mark of protest against the decision taken by the Full Court for declaring two working Saturdays in every month.
2. The Hon’ble Apex Court in the case of Ex-Capt. Harish Uppal Vs. Union of India & Another, 2003 (2) SCC 45 has held that lawyers have no right to go on strike; or give a call for boycott; or not even a token strike. The Hon’ble Apex Court has further expressed that lawyers abstaining from work held litigants at ransom. The functioning and working of the Court cannot be allowed to stop particularly for the matters involving personal liberty of the pe
Lawyers' strikes violate litigants' right to justice; conditions for bail must not impede the right to personal liberty.
Lawyers have a duty to ensure the smooth functioning of the court and cannot disrupt court proceedings. Strikes interfere with the administration of justice and are against the duty of lawyers as off....
The call to abstain from court work by the Bar Council violates statutory rights and Supreme Court directives.
The main legal point established in the judgment is that the State Bar Council's call for strike was illegal, unconstitutional, and against statutory provisions. It also emphasized that lawyers have ....
The main legal point established in the judgment is that the State Bar Council has no authority to compel lawyers to abstain from work, and such actions are illegal, unconstitutional, and against sta....
Lawyers have no right to strike, as established by the Supreme Court, and any such action will be treated as criminal contempt.
Lawyers have a duty to attend trial, and strikes interfere with the administration of justice. Courts are obligated to hear and decide cases, and lawyers have no right to go on strike or give a call ....
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