We hope wiser heads will prevail: Punjab & Haryana HC on lawyers’ strike over Legal Aid Defence Counsel System

Amid an indefinite strike by various Bar bodies in Punjab against Legal Aid Defence Counsel System (LADCS), the Punjab and Haryana High Court on Monday remarked that “wiser heads” should prevail in the matter [Arvind Seth v State of Punjab and Others].

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 denial of access to justice to litigants in Punjab.

“We hope and trust that wiser heads will prevail and this Court would not be called upon to deal with the issue raised in the present matter, on judicial side,” the Court said.

The petition filed by advocate Arvind Seth said that while protest by legitimate means is well recognized for highlighting issues of importance, it is not open for anyone to interfere with the administration of justice or to deny access of justice  to the litigants.

Advocate Rohit Sud, president of the Punjab and Haryana High Court Bar Association, members of the Bar Council of Punjab and Haryana and other counsel submitted that such issues ought to be resolved amicably at the level of the Bar itself.

The Court then listed the matter for hearing on July 23. 

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). 

“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 and bar leaders from Punjab, Haryana and Chandigarh also med met the Union Law Minister Arjun Ram Meghwal and demanded an immediate review and rollback of the present LADCS structure.

“The delegation also highlighted that the traditional panel advocate system has, for decades, effectively delivered legal aid while ensuring equitable distribution of work amongst practising advocates. It was emphasized that legal aid must be strengthened in a manner that supports, rather than replaces, the independent Bar,” it added. 

Advocate Arvind Seth appeared in person.

Punjab and Haryana High Court President Rohit Sud, Vice President Aashish Bishnoi, Secretary Parampreet Singh Bajwa, Treasurer Ashish Rana and Joint Secretary Kirandeep Kaur also appeared in the matter.

[Read Order]