The Allahabad High Court recently emphasised that litigants cannot be left without access to courts or legal remedies merely on account of strikes by lawyers. .A Bench of Justice Ajit Kumar added that even if there is a strike by lawyers, judicial officers should continue to discharge their duties even if it requires availing police protection. "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 judge observed. .The Court further urged lawyers to refrain from preventing litigants from seeking justice in courts during such strikes. "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. Lawyers belong to a noble profession and I expect that lawyers shall never restrain any litigant from approaching courts in district judgeship for justice," it said in a December 6 order. .Lawyers belong to a noble profession and I expect that lawyers shall never restrain any litigant from approaching courts.Allahabad High Court.The Bench made the observation in a case where a litigant involved in a tenancy dispute had approached the High Court for relief despite there being an alternative remedy before a district court in Ghaziabad.During the December 6 hearing of the matter, the litigant informed the Court that lawyers in Ghaziabad were on strike, making it difficult for him to approach the district court there.The Court expressed concern that litigants were being denied justice in district courts and were forced to approach the High Court because of such strikes. "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," it said. .The Court proceeded to issue directions to aid the litigant in approaching the district court for relief. "In the event petitioner prefers statutory appeal before the Rent Tribunal which is presided over by a judicial officer of the judgeship concerned, within a period of two weeks from today and in the event any such appeal along with stay application is filed, the learned judicial officer / presiding judge of the Tribunal would be passing orders upon the stay application filed along with the appeal even if the strike of lawyers continues. The proper order shall be passed within a period of one week of presentation of appeal along with the stay application," the Court ordered..Advocate Atul Kumar Pandey appeared for the petitioner..[Read order]
The Allahabad High Court recently emphasised that litigants cannot be left without access to courts or legal remedies merely on account of strikes by lawyers. .A Bench of Justice Ajit Kumar added that even if there is a strike by lawyers, judicial officers should continue to discharge their duties even if it requires availing police protection. "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 judge observed. .The Court further urged lawyers to refrain from preventing litigants from seeking justice in courts during such strikes. "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. Lawyers belong to a noble profession and I expect that lawyers shall never restrain any litigant from approaching courts in district judgeship for justice," it said in a December 6 order. .Lawyers belong to a noble profession and I expect that lawyers shall never restrain any litigant from approaching courts.Allahabad High Court.The Bench made the observation in a case where a litigant involved in a tenancy dispute had approached the High Court for relief despite there being an alternative remedy before a district court in Ghaziabad.During the December 6 hearing of the matter, the litigant informed the Court that lawyers in Ghaziabad were on strike, making it difficult for him to approach the district court there.The Court expressed concern that litigants were being denied justice in district courts and were forced to approach the High Court because of such strikes. "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," it said. .The Court proceeded to issue directions to aid the litigant in approaching the district court for relief. "In the event petitioner prefers statutory appeal before the Rent Tribunal which is presided over by a judicial officer of the judgeship concerned, within a period of two weeks from today and in the event any such appeal along with stay application is filed, the learned judicial officer / presiding judge of the Tribunal would be passing orders upon the stay application filed along with the appeal even if the strike of lawyers continues. The proper order shall be passed within a period of one week of presentation of appeal along with the stay application," the Court ordered..Advocate Atul Kumar Pandey appeared for the petitioner..[Read order]
