Judicial Officers Must Discharge Their Duty Even When Lawyers Are On Strike: Allahabad High Court
The Allahabad High Court has held that even if there is strike by lawyers, the judicial officers must discharge their judicial function.
The Court was considering a Writ Petition filed against the order passed by the Prescribed Authority granting release in favour of the landlord/ respondent.
The single-judge bench of Justice Ajit Kumar observed, "...even if there is strike by lawyers, the judicial officers must discharge their judicial function and if litigants want to argue their cases, the district administration in consultation with the District Judge must provide police protection. No one can be rendered remedy-less for lawyers sitting on strike."
The Petitioner was represented by Advocate Atul Kumar Pandey.
The Counsel for the Petitioner pointed out that Lawyers are on strike in district Ghaziabad and therefore, it is difficult for the Petitioner to get justice.
"I am afraid to know that the litigants are not getting justice from courts of law despite there being statutory remedy available and are compelled to apply to this Court only for the reason that there is strike by the lawyers in the concerned district," the Court observed.
The Court stressed that it is upon Judicial Officers to discharge their duty even when there's a lawyer's strike going on.
"The Court is also of the considered view that no lawyer can restrain a judicial officer from discharging judicial function nor, lawyers can restrain any litigant from entering the courts of law," it added.
The Court remarked that Lawyers belong to a noble profession and it is expected that they shall never restrain any litigant from approaching courts in district judgeship for justice.
Cause Title: Ashutosh Kumar Pathak vs. State Of Up And Three Others (2024:AHC:191365)
