The Allahabad High Court (Lucknow Bench) has declared the 8-day strike by Lucknow Bar Association advocates against an anti-encroachment drive as “unjustified and illegal.” A Bench of Justice Rajesh Singh Chauhan and Justice Rajeev Bharti also took strong exception to the distribution of lathis (sticks) among advocates and the delivery of provocative speeches during the strike.
Background
The Lucknow Bar Association had been on strike for eight days in protest against an anti-encroachment drive conducted by the local administration in Lucknow. During the strike, there were clashes between advocates and the local administration, with reports of lathis being distributed among advocates and provocative speeches being made at various gatherings.
High Court’s Ruling
The Lucknow Bench of the Allahabad High Court took a stern view of the situation and declared the strike “unjustified and illegal.” The bench sought an explanation regarding the lathi distribution and the provocative speeches, expressing serious concern about the conduct of the lawyers during the strike.
The Court reaffirmed the settled legal position that lawyers, as officers of the court, are expected to uphold the rule of law and cannot resort to strikes or other forms of agitation that interfere with the administration of justice. Courts have consistently held that while lawyers have the right to protest, strikes that paralyse court functioning are contrary to their professional obligations.
Legal Position on Lawyers’ Strikes
The Supreme Court in Ex-Captain Harish Uppal v. Union of India (2003) held that lawyers have no right to go on strike or call for boycotts, not even in a token manner. The Court held that the duty to assist the court in the administration of justice must override any other consideration.
Subsequent judgments have reiterated this position, holding that the right to protest cannot be used to obstruct the functioning of courts. The Allahabad High Court’s ruling is consistent with this established legal position.
Impact on Courts
The eight-day strike had significantly disrupted court proceedings in Lucknow, affecting litigants awaiting resolution of their cases. The High Court’s intervention was aimed at restoring normalcy to the court complex and ensuring that the rights of litigants to access justice are protected.
Court: Allahabad High Court (Lucknow Bench) | Bench: Justice Rajesh Singh Chauhan and Justice Rajeev Bharti | Source: LiveLaw | June 2026
