N.K.Assumi (Advocate) 22 February 2009

What is Serious or rarest of rare cases?

In Common Cause Vs Union of India 1995 (1) Scale 61: the Supreme Court directed that Advocates should not resort to strike or boycott the court or abstain from court except in serious , rarest of rare cases: So, what amounts to serious, rarest of rare case?

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AEJAZ AHMED (Legal Consultant/Lawyer) 22 February 2009

DEAR ASSUMI,

The rarest of rare cases are those which involving the dignity and 
independence of the judiciary as well as of the Bar.

So, as per the APEX COURT and other High court, it is held that only in therarest of rare cases involving the dignity and independence of the judiciary as well as of the Bar, Courts may ignore (turn a blind eye) to a protest abstention from work for not more than one day. It is being clarified that it will be for the Court to decide whether or not the issue involves dignity or integrity or independence of the Bar and/or the Bench. Therefore in such cases the President of the Bar must first consult the Chief Justice or the District Judge before Advocate decide to absent themselves from Court. The decision of the Chief Justice or the District Judge would be final and have to be abided by the Bar. It is held that Courts are under no obligation to adjourn matters because lawyers are on strike. On the contrary, it is the duty of all Courts to go on with matters on their boards even in the absence of lawyers.

Kindly go through the following Judgments:

https://indiankanoon.org/doc/953671/

Attached File : 4 k.saroja v. sankaraswamy - hc madras.doc downloaded: 116 times

N.K.Assumi (Advocate) 22 February 2009

Great Aejazji, thank you for your valuable information.

Ravi Arora (Advocate) 22 February 2009

kya bat hai Aejaz bhai,

Good sir

Shree. ( Advocate.) 23 February 2009

In the Harish Uppal case, the Apex Court made it clear and declared that strike by lawyers is illegal. However, not foreclosing the right completely, the court had said that boycotting could be resorted for one day in case of rarest of rare cases. Clarifying the issue further, the Supreme Court had said that three factors should be kept in mind by striking lawyers.

Firstly, they should give sufficient notice to the authorities and inform them well in advance about their agitation plan.

Secondly, it should be rarest of rare cause. Thirdly, those who opt to appear in court should not be obstructed in any manner.