Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
M.A. NO. 859 OF 2020
IN
SLP (C) NO. 5440 OF 2020
District Bar Association Dehradun ...Petitioner(s)
Versus
Ishwar Shandilya & Ors. …Respondent(s)
O R D E R
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
of Advocates/Bar Associations at different
Signature Not Verified
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