Recently, the Supreme Court issued a notice to the Himachal Pradesh High Court Bar Association in response to a letter from the high court's registrar general. The letter contained an allegation that the members of the bar association refrained from work due to the death of an advocate.

A bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia presided over contempt proceedings initiated against lawyers involved in acts of violence during a strike in Odisha last year. The strike, organized to demand a permanent bench of the Orissa High Court in Sambalpur, took a violent turn, resulting in significant clashes between lawyers and the police. In response, a bench led by Justice Kaul issued orders to the state government and law enforcement agencies to take strict actions against the protesting lawyers. Besides the Bar Council of India suspending the licenses of the implicated advocates, numerous arrests by the police were also made.

During a previous hearing, the court, which has consistently issued directives against lawyers' strikes and firmly addressed any work abstentions, voiced its displeasure regarding a prevalent practice. This practice involves suspending court work as a mark of respect for deceased lawyers.

On the last occasion, while serving notice to a bar association in Odisha for abstaining from court work for a day following a member's death, the bench reiterated that judicial proceedings cannot be halted even in the face of a lawyer's tragic demise.

After the bar association in Odisha, notice was served on Tuesday to a bar association in Himachal Pradesh. Acting on a letter by the Himachal Pradesh High Court’s registrar-general alleging a day’s abstention from work, the court sought the Himachal Pradesh High Court Bar Association’s response.

Justice Kaul pronounced –

“A letter has been placed on record addressed by the registrar general of the Himachal Pradesh High Court, at Shimla to the Supreme Court secretary general regarding abstention of court work by a bar association. One of the respected lawyers passed away. On that account, abstention was done on September 9. Let notice be issued to the secretary of the Himachal Pradesh High Court Bar Association.”

The apex court has a history of compelling striking lawyers to return to work and taking serious note of their abstentions. In the past year, the court closely monitored the strike in Sambalpur, which revolved around the demand for a permanent bench in the western district, and imposed strictures. Additionally, notice was recently served to the Rajasthan High Court Bar Association at the Jaipur Bench due to the non-appearance of advocates caused by a strike.

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