District Bar Association Dehradun vs Ishwar Shandilya

District Bar Association Dehradun ...Petitioner(s)

Versus

Ishwar Shandilya & Ors. …Respondent(s)

ORDER

M.R. SHAH, J.

1. Present application has been preferred by the

Bar Council of India for appropriate direction

for constitution of Grievance Redressal

Committees (GRC) for redressal of grievances

Signature Not Verified of Advocates/Bar Associations at different Digitally signed by Neetu Sachdeva Date: 2023.04.20 16:17:34 IST Reason: Page 1 of 8 levels as submitted in affidavit dated

15.09.2021 including directions to all the

High Courts to constitute the suggested

“Grievance Redressal Committees” for the

States as well as Districts and Taluka courts

within their respective territorial jurisdiction.

2. Shri Manan Kumar Mishra, learned Senior

Advocate and Chairman of the Bar Council of

India submitted that in order to check and

control the frequent strikes, boycotts, Bar

Council of India has already filed affidavit in

M.A. No. 859/2020 arising out of SLP (C) No.

5440/2020 on 15.09.2021. The Council has

suggested various measures for controlling

the strike/abstention and has suggested the

mechanism of redressal of the grievances of

Advocates/Bar Associations at all levels. He

Page 2 of 8 has submitted that the Bar Council is of the

firm view and opinion that the illegal and

unreasonable strikes and boycott are always

bad and the Bar Councils can never approve

or encourage such practices. It is submitted

that however, in a meeting of

Chairmen/Office Bearers of all the State Bar

Councils held, the Bar Council of India and

all the representatives of the lawyers were of

the unanimous opinion that there should be

a grievance redressal mechanism available to

Advocates at all levels from the

Talukas/Muffasils/District Courts, High

Courts where the members of the Bar could

vent their grievances. It is submitted that

many a times, members of the Bar might

have very genuine grievances and due to non-

resolving of such genuine grievance, the

Page 3 of 8 members of the Bar go on strike. It is

submitted that therefore, if the genuine

grievance of the members of the Bar like any

dissatisfaction because of the procedural

changes in filing or listing of the matters in

High Courts or District Courts in the

respective States or any grievance pertaining

to misbehave of any member of the lower

judiciary or any other serious grievance

against judicial officers can be ventilated

before the Grievance Redressal Committees

so that the members of the Bar who are also

part of the justice delivery system may feel

that their genuine grievances are heard and

ventilated by some forum.

3. Having heard Shri Manan Kumar Mishra,

learned Senior Advocate and Chairman of the

Page 4 of 8 Bar Council of India, we once again reiterate

that no member of the Bar can go on strike

and/or abstain himself from court working.

Time and again, this Court has emphasised

and criticized the advocates going on strike

and abstaining them from work. If the

member of the Bar has any genuine grievance

or the difficulty being faced because of the

procedural changes in filing/listing of the

matters and/or any genuine grievance

pertaining to misbehave of any member of the

lower judiciary they can very well make a

representation and it is appropriate that their

genuine grievances are considered by some

forum so that such strikes can be avoided

and members of the Bar who might have

genuine grievances like above may ventilate

their grievances. Therefore, we request all the

Page 5 of 8 High Courts to constitute Grievance

Redressal Committee in their respective High

Courts which may be headed by the Chief

Justice and such a grievance redressal

committee be consisting of two other senior

Judges, one each from service and one from

the Bar to be nominated by the Chief Justice

as well as the Advocate General, Chairman of

the Bar Council of the State and President of

the High Court Bar Association. The High

Court may also consider to constitute the

similar Grievance Redressal Committee at the

District Court level. It is observed that the

Grievance Redressal Committee may consider

the genuine grievance related to the difference

of opinion or dissatisfaction because of

procedural changes in filing/listing of the

matters of the respective High Courts or any

Page 6 of 8 District Courts in their respective States and

any genuine grievance pertaining to

misbehave of any member of the lower

judiciary, provided such grievance must be

genuine and not to keep the pressure on any

judicial officer. The present application

stands disposed of in terms of the above. I.A.

No. 51257/2023 shall also stand disposed of.

4. Registry is directed to send the copies of this

order to Registrar General of all the High

Courts for further steps in terms of the

present order.

………………………………….J. [M.R. SHAH]

………………………………….J. [AHSANUDDIN AMANULLAH]

Page 7 of 8 NEW DELHI;

APRIL 20, 2023

Page 8 of 8