Shimla: Himachal Pradesh High Court on Wednesday
declared strikes illegal and impermissible as it interfered
with the fundamental rights of the people.
Division Bench comprising Chief Justice Kurian Joseph and
Justice V K Ahuja passed the orders on a petition of Shimla
Bar Association for providing suitable land and construction
of a new judicial complex.
The bench was anguished that members of the District Bar
Association, held a demonstration, abstained from attending
courts and gave a `Shimla Bandh` call on December 10.
Taking note of the fact that previous order of High Court
passed on May 10, 2007 regarding this matter was not
challenged by Bar Association, the bench asked if there was
any legal or moral justification in taking the matter to
streets after three years without challenging it in the Court.
The Court also directed Superintendent of Police Shimla
to file an affidavit as to whether any case had been filed in
respect of the alleged misconduct pertaining to the Shimla
bandh announced by the Bar Association.
The petition in this case was filed in 2007 by Bar
Association here appealing to either shift non-judicial
officers from present complex or to provide a new judicial
In pursuance to this, government land at Chakkar, on the
outskirt of the town, was selected for construction of new
As many as 21 courtrooms alongwith many facilities for
the Judicial officers, lawyers, litigants and general public
had been provided in the new complex and more than Rs 25
crores had already been spent on the construction.
However, the lawyers here protested against shifting of
court venue from here to Chakkar.