Will gangsters stop functioning if you abstain from work? Punjab & Haryana High Court to lawyers

The Punjab and Haryana High Court on Wednesday questioned the High Court Bar Association for its call to suspend the judicial work to express solidarity with advocate Gagandeep Jammu, former secretary of the Punjab and Haryana High Court Bar Association, after a recent attempt on his life.

A Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry said it was surprised with the Bar association's decision to abstain from work post-lunch despite the Court's earlier direction to Chandigarh Police for enhancing Jammu's security.

"If you abstain from work, the gangsters will stop functioning? We have not yet signed the order. I will not sign the order unless you withdraw the strike. We had taken the case out of turn and passed the order. We did our duty. Are you doing your duty towards your client?," Chief Justice Nagu asked

The Court was addressing the Bar association President Rohit Sud who said the decision to suspend work was taken after considering the sentiments of the Bar.

Sud said the Bar was grateful for the Court's intervention. However, Chief Justice Nagu said the advocates were disrespecting their profession by resorting to strike. The Court added such strikes are the "easiest way out" and that lawyers should look for other modes of protest.

"I had not expected this. This came as a shock to me... do you imagine the plight of the litigant who must have come from 100-200 kms," Chief Justice Nagu said.

The Court then called for the presence of Jammu. The Court asked whether he would be able to sleep peacefully knowing that lawyers have abstained from work due to him.

Jammu said the work suspension was the Bar Association's call. He also said that he did not need any order from the Court for his protection as he was not before the Bench with any petition.

"I have not been sleeping for the past two nights! I don't want to express my displeasure against anyone. If you don't want to pass any order, I am not before your Court. The executive came, it is your wish. I am feeling like being blackmailed over my own matter where my own life is in danger and I am being questioned like this," Jammu added.

A number of lawyers then made submissions before the Court, highlighting their concerns about their security.

Ultimately, the Court said it would list the matter for consideration on Thursday to hear Punjab Police about the status of the probe.

The Court also said that the Senior Superintendent of Police should be present before it.

However, the Court also insisted that the Bar Association recall its call for work suspension. The Bar Association then agreed to do so.

The Court also said that it was considering issuing a Standard Operating Procedure (SOP) to deal with cases involving attacks on lawyers.

An unidentified assailant allegedly opened fire at Jammu on Monday while he was travelling in Punjab. Jammu escaped unhurt in the incident though the gunshots reportedly struck his vehicle. In his police complaint, Jammu said the attacker was riding a motorcycle.

Mohali police registered a First Information Report (FIR) under Section 109 (attempt to murder) of the Bharatiya Nyaya Sanhita (BNS) and Section 25 of the Arms Act on Jammu's complaint.

Today, the Court before lunch break took up the matter on judicial side after the Punjab and Haryana High Court Bar Association urged the Court to initiate a suo motu proceeding to monitor the police investigation into the case. It passed an order for posting of a PCR van in close vicinity of Jammu's residence and also recorded Chandigarh Police's statement that two PSOs have been provided to him.

In a recent statement, the High Court Bar Association condemned the attack and said the shots were fired with the intention of killing Jammu.

The association added that such criminal acts are a direct attack not only on an individual advocate but also on the dignity, independence, and fearless functioning of the legal fraternity.

In a representation to Chief Justice, the Bar Association today urged the Court to direct the concerned authorities to strengthen the overall security mechanism concerning advocates.