Case at a Glance
An advocate who refused to follow a one-day court boycott called by the Metropolitan Criminal Court Bar Association, Nampally on 16 June 2025 alleged that he was blocked from entering court and assaulted, and filed a contempt case against the Association’s office-bearers. Justice Laxmi Narayana Alishetty reaffirmed that advocates have no right to strike and that the narrow one-day abstention exception in Ex-Capt. Harish Uppal v. Union of India, (2002) 12 SC CK 0112 never covers coercing or obstructing an advocate who chooses to attend court. But because individual wilful disobedience was not shown and the assault allegations were disputed and pending in criminal cases, the contempt case was dismissed, with directions to Bar Associations not to obstruct access to courts.
On 16 June 2025, the Metropolitan Criminal Court Bar Association (MCCBA), Nampally passed a resolution calling for a boycott of courts that day. The petitioner, an advocate appearing in person, had a matter listed before the XVII Additional Chief Judicial Magistrate, Nampally. He alleged that advocates enforcing the boycott blocked his entry, that an office-bearer told him to remove his advocate’s band and leave and slapped him, that he fell on the stairs and was injured, and that the police took him away in a patrol vehicle. He was allowed back into court later that day after approaching senior police officers.
FIR No. 159 of 2025 was registered on his complaint under BNS provisions, and FIR No. 160 of 2025 on a counter-complaint against him. He also complained to the Telangana Bar Council and filed a writ petition. In this contempt case under the Contempt of Courts Act, 1971, he alleged breach of the Supreme Court’s directions in Ex-Capt. Harish Uppal v. Union of India and Rule 17 of the Telangana High Court Rules of Practice, 1980, and sought debarment of the office-bearers. The respondents argued that they were named only by office, that no individual wilful disobedience was pleaded, that debarment is a matter for the Advocates Act, and that the resolution was a one-day symbolic expression of solidarity.
The Key Question Before the Court
Does the Harish Uppal one-day abstention exception allow a Bar Association to prevent an advocate from attending court, and can office-bearers be held in contempt without proof of their individual roles?
Abstention is one thing; obstruction is another
Relying on Ex-Capt. Harish Uppal v. Union of India, (2003) 2 SCC 45, Common Cause v. Union of India, (2006) 9 SCC 304, District Bar Association, Dehradun v. Ishwar Shandilya, (2023) 04 SC CK 0067, 2023 LiveLaw (SC) 331 and Krishnakant Tamrakar v. State of Madhya Pradesh, (2018) 03 SC CK 0074, 2018 SCC OnLine SC 304, the Court reiterated that “advocates have no right to resort to strikes or to give a call for boycott of Court work.” The one-day exception is confined to the rarest cases touching the dignity, integrity or independence of the Bar or Bench, after prior consultation with the Chief Justice or District Judge; no material showed that the Bar President had consulted the Metropolitan Sessions Judge. The exception covers only abstention, so “the respondents cannot seek to justify every act undertaken pursuant to the resolution.” The alleged physical obstruction and assault by one office-bearer “is outside the aforesaid exception and, if established, would constitute violation of the directions.”
Treating the case as one of civil contempt, the Court applied Akhileshwar Mishra v. Dharam Godha, (2003) 11 SCC 1 and Dr. U.N. Bora v. Assam Roller Flour Mills Association, (2021) 10 SC CK 0068 on the need to prove each person’s wilful disobedience, holding that “no vicarious liability for the alleged act of respondent No.5 can be fastened upon the other office-bearers.” As the incident was disputed and already before the criminal courts, it said it “would not be justified in conducting a parallel adjudication upon such disputed questions of fact.” It added that its view “shall not be understood as approving, condoning or legitimising any act of assault.”
What the Court Actually Held
- Advocates have no right to strike or call for a boycott of court work; the Harish Uppal one-day exception is narrow and needs prior consultation with the Chief Justice or District Judge, which was not shown here.
- The exception covers only abstention; it never permits coercing, intimidating, obstructing or assaulting an advocate who chooses to attend court.
- Contempt liability is individual: office-bearers cannot be held vicariously liable for another member’s alleged act, and the Court declined a parallel inquiry into facts pending before the criminal courts.
- The contempt case was dismissed without costs, with a direction that Bar Association office-bearers ensure no advocate or litigant is obstructed or harmed for attending court and that protests follow Supreme Court guidelines without obstructing access to court.
Why This Judgment Matters
- It restates, for advocates and litigants, that court boycotts cannot be enforced against those who want to work.
- It clarifies the limits of the Harish Uppal one-day exception, including the consultation requirement.
- It shows that contempt petitions against Bar office-bearers need specific allegations against each person.
What Should Advocates Take Away From the Judgment?
For Advocates and Litigants
- You cannot be compelled to join a Bar boycott or strike.
- If you are obstructed or threatened for attending court, report it to the police and the court concerned immediately.
- Bar Council complaints and criminal cases are separate from contempt proceedings.
For Counsel
- Plead each respondent’s specific role and wilful act in a contempt petition; naming office-bearers by designation is not enough.
- Check whether the Bar consulted the Chief Justice or District Judge before a one-day abstention.
- Expect the court to defer to pending criminal cases on disputed facts of assault.
Key Takeaways
- Lawyers have no right to strike or boycott courts.
- A one-day abstention, if allowed at all, cannot be enforced by force.
- Contempt requires proof of each person’s wilful disobedience.
- Bar Associations were directed not to obstruct access to courts.
Frequently Asked Questions
Can a Bar Association force lawyers to boycott court?
No. The Court held that advocates have no right to strike and that no advocate can be coerced, obstructed or intimidated for attending court, even on a day of a one-day abstention.
What is the Harish Uppal one-day exception?
In Ex-Capt. Harish Uppal v. Union of India, the Supreme Court allowed, in the rarest cases involving the dignity, integrity or independence of the Bar or Bench, a one-day abstention after consulting the Chief Justice or District Judge. It covers abstention only.
Why was the contempt case dismissed?
Because individual wilful disobedience by each respondent was not shown, vicarious liability could not be imposed, and the disputed assault allegations were already pending in criminal cases.
Conclusion
The judgment draws a firm line: a Bar resolution may at most allow members to abstain, never to stop a colleague from walking into court. Contempt was not the right tool on these facts, but the Court’s directions leave Bar Associations in no doubt about their duty to keep courts accessible.
Practical takeaway: If a boycott is enforced against you, document it, pursue criminal and Bar Council remedies, and if seeking contempt, name and prove each person’s specific act.
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