Breaking | No One Can Be Compelled To Observe Strike Or Cease Work: Calcutta High Court Says State Bar Council’s Black Day Protest Against New Criminal Laws Is Not Mandatory

BY: THE LEX TIMES

The Calcutta High Court has noted that the Black Day Protest, organized by the West Bengal Bar Council on July 1st to oppose the introduction of three new criminal laws, is not obligatory for lawyers to attend.

The Court clarified that lawyers have the freedom to decide whether to participate in the protest, stating that the Bar Council’s resolution is a request rather than a mandate. It was also ruled that no coercive measures could be taken against lawyers who opt not to join the strike.

The Bench of Justice Shampa Sarkar held:

“It is a settled position of law that no one can be compelled to observe strike or cease work. Lawyers discharge public function for the litigants. Thus, this resolution of the Bar Council of West Bengal shall not be treated as a mandate on the learned advocates to abstain from work. Willing advocates are entitled to appear before the Courts all over West Bengal and Andaman & Nichobar Islands. No coercive measures or disciplinary action or any action shall be taken against such advocates who wish to espouse the cause of their clients and who appear for the interest of their clients. The rallies which have been asked to be organized are in the nature of request to the Bar Association, this cannot be treated as a mandate.”

The Bar Council of West Bengal has unanimously decided to observe July 1 as ‘Black Day’ in protest against the implementation of three new criminal laws: the Bharatiya Nyaya Sanhita (BNS) 2023, the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and the Bharatiya Sakshya Adhiniyam (BSA) 2023. These laws, which will replace the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, are set to come into force on July 1.

Case No: WPO/592/2024

Case: SAHASRANGSHU BHATTACHARJEE VS BAR COUNCIL OF WEST BENGAL AND ORS.

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