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West Bengal Bar Council Must Investigate Advocates Involved In “Lawyers’ Strike”: Calcutta HC Passes Major Judgment In Response to PIL Filed by PBT

In a historic decision passed by the division bench president by the chief justice in response to a public interest litigation (PIL) filed by PBT president Dr. Kunal Saha, Calcutta High Court has directed the West Bengal Bar Council (WBBC) to investigate the complaint lodged by Dr. Saha and to take appropriate disciplinary action against the leaders of West Bengal Bar Association (WBBA) for organizing a massive strike by lawyers that crippled regular court services between March-May, 2018. Supreme Court of India has time and again held that people who are associated with essential and emergency public services such as doctors and lawyers may not go on “strike” holding the ordinary people at ransom. Based on this Apex Court’s categorical directions against “lawyers’ strike”, Dr. Saha lodged a formal complaint with the WBBC against the Bar Association president and secretary for calling the illegal strike. After Bar Council remained absolutely silent without initiating any investigation, Dr. Saha filed PIL in Calcutta HC that was disposed of last week by the division bench that may have major implications on future strikes by advocates (see HC order below).

Cal HC Judg. (Jan, 2020) Lawyers’ Strike

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