P&H High Court clarifies remark about advocates' strike after lawyers' sloganeering

The Punjab and Haryana High Court on Tuesday expressed concern over the continuous strike by various bar bodies in Punjab against implementation of the Legal Aid Defence Counsel System (LADCS) [Arvind Seth v State of Punjab and Others]

A Bench of Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor said,

"We have reiterated our sentiments to the learned members of the bar that denial of access to justice, to the common litigant, would be a failure on the part of the entire justice delivery system, which cannot be permitted."

The Court also noted that certain oral observations made by it on Monday were reportedly "misquoted at certain forums."

The Bench sought to clarify that it had only expressed its pain and anguish over the continued and prolonged blocking of access to justice to the common litigant in for past 27 days.

It expressed regret that despite issuance of detailed directions to address the grievances of protesting lawyers, such projection was made.

"We note with regret that despite the fact that detailed directions have been issued, in order to assuage the apprehension of the Members of the Bar, regarding implementation of LADC Scheme, yet, such a concocted projection is sought to be made," the Bench said.

Pertinently, advocates at Punjab and Haryana High Court today demanded an apology from the acting Chief Justice for his remark that lawyers were "shamelessly" blocking access to court.

On Monday, the Court had said that it was willing to address genuine grievances of the advocates but not allow denial of access to justice. The Court had also called out the lawyers for fighting against each other, stating that in this process they were "shamelessly" blocking the courts.

The Court had made the remark while hearing a public interest litigation (PIL) highlighting the grievances faced by litigants in Punjab due to continuous strike of advocates.

When the same case was taken up on Tuesday, the Court said that considering that the protesting lawyers are still deliberating over the measures announced by the High Court, it will hear the matter on July 30.

Various bar associations in Punjab have been on strike against the LADCS for past many weeks. They allege that the LADCS has created a parallel State-funded criminal defence system which was affecting the practice of 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 have claimed.

Today, the Punjab and Haryana High Court Bar Association also announced work suspension till July 30 at the High Court in solidarity with the lawyers on strike in district courts. The lawyers at the High Court also staged a protest outside the courtroom of acting chief justice to demand rollback of the LADCS.