Cases Not Disposable Commodities, Lawyers Not Hearing Cry Of Litigants: Allahabad HC Criticises Lawyers As Their Strike Enters 15th Day
The Allahabad High Court has reiterated its stance and criticized the approach of the Lawyers in resorting to strike and abstaining from work, and expressed worry over simply passing over the cases. The Court stated that it would add burden to this Court and it would not be possible to cope with the situation as the list of fresh cases is getting lengthy day-by-day
The Bench of Justice Kshitij Shailendra, upon observing that neither any counsel has physically appeared to argue the matter nor any request for entertaining the present petition through Video Conferencing mode has been made, said in its order, "Cases are not disposable commodities to be treated as mere statistics. Their purpose is not to provide a livelihood for lawyers or provide monthly disposal quota to Judges. Each case that comes before a Judge, has an element of a human problem concerning the life, liberty, livelihood, family business, profession, work, shelter, safety and security of the citizen."
The Court further noted, "Many of the litigants belong to the downtrodden and weaker sections of society who are defenceless, poor and ignorant. Their silent cry for a civilised human solution to their grievances and problems, and for a level playing field is a call for justice, to be felt and heard not only by the Judges but also by the lawyers, the latter, unfortunately, not hearing this cry, whatever may be the reason which, certainly, cannot have more weight than the weight of tears and pain of litigant(s) who have reposed all faith in our judicial system and the institution of justice."
However, the Court adjourned the matter due to the non-appearance of the lawyers and stated that considering the plight of the litigant(s) and with the intention that on account of non-cooperation by the lawyers, no harm is caused to the grievance of the litigant(s) and, at the same time, functioning of this Court may not go out of control in any manner, the matter is adjourned in the interest of justice.
The Bar Council of Uttar Pradesh and the Allahabad High Court Bar Association have today entered their 15th day of the strike in protest against the alleged inaction of the Uttar Pradesh Government in the matter of the recent police violence that occurred against Advocates in Hapur District on August 29, 2023.
Uttar Pradesh Police restored to Lathi charge against the Hapur Lawyers when they were protesting against the registration of the criminal case on a fellow lady Advocate and her father.
The Allahabad High Court had on September 4 taken suo motu cognizance of the police violence and had voiced criticism against the approach of the Advocates and the Bar Councils/Associations in resorting to strike and abstaining from work. The Court had expressed hope that the Advocates would introspect and act in due deference to the law as declared by the Supreme Court. The Court also expressed hope that it will not have to resort to any unpleasant measures in the matter.
With reference to the suo motu action initiated by the Bench led by the Chief Justice, the Bench of Justice Shailendra noted in the order that lawyers continue to abstain from their duties despite the positive intervention made by this Court on the judicial side, as requested by both the Bar Association and the Bar Council of Uttar Pradesh itself.
In a recent press release, the Bar Council of Uttar Pradesh stated that due to the government/administration's lack of action in response to the demands made by the Bar Council of Uttar Pradesh and the advocates, they have decided to persist with abstaining from judicial work.
Cause Title: Rakesh Kumar Keshari v. Union Of India And Another [WRIT - C No. - 15831 of 2023]
