Lawyers shamelessly blocking courts: P&H High Court on strike over Legal Aid Defence Counsel System

The Punjab and Haryana High Court on Monday made it clear that the rollback of Legal Aid Defence Counsel System (LADCS) was not possible and warned lawyers in Punjab against their continuous strike over it.

A Division Bench of Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor made the comment while dealing with a petition raising concern over the ongoing protest of lawyers and the resultant denial of access to justice to litigants in Punjab.

The Court said that it was trying to avoid harsh measures against the Bar, but would have resort to such action if it becomes inevitable. It added that genuine grievances regarding the misuse of the scheme can be addressed, but the lawyers were "shamelessly" blocking the courts.

"There is no way we are going to succumb. Unreasonable demands have to be met in an unreasonable manner. This is what is going to come," Justice Mishra said.

The Court added that a committee was already examining the issue, but the lawyers had misused that opportunity too.

"What they thought was that if we put more pressure, the system will succumb to this. The entire State of Punjab for the last 27 days is in a state of shutdown so far as the availability of judicial remedy is concerned. We are not going to take it lightly. Whatever is appropriate, we are going to do...if they are willing to see reason, otherwise whatever be the consequences," the Court said.

The petition before the Court states said that while protest by legitimate means is well recognised for highlighting issues of importance, it is not open for anyone to interfere with the administration of justice or to deny litigants access to justice.

Besides various bar associations, the Bar Council of Punjab and Haryana has also been opposing the present structure and implementation of the LADCS launched by the National Legal Services Authority (NALSA). 

They allege that the LADCS has created a parallel State-funded criminal defence system which was affecting independent advocates. A substantial number of criminal matters are now handled by LADCS and are also given preference by courts at bail and remand stage, the lawyers claim.

“For decades, legal aid was effectively provided through panel advocates under the Legal Services Authorities Act, ensuring fair distribution of work. The introduction of a permanent salaried LADCS has substantially altered this system without adequate consultation with the organised Bar,” the Bar council said in a recent statement.

A delegation led by the Bar Council and comprising representatives of bar associations from Punjab, Haryana and Chandigarh also met the Union Minister of State for Law and Justice Arjun Ram Meghwal and demanded an immediate review and rollback of the present LADCS structure.

Today, the Court said that it would look into allegations of preferential treatment to these lawyers, but would not accept one set of lawyers fighting another set of lawyers. It called for an immediate end to the strike of lawyers.

The Bench also said that only 7% of cases were being filed through the LADCS.

"There is absolutely nothing. It is just Bar politics which possibly is the reason," it added.

The Court will hear the matter again after lunch break.