Chandigarh: Lawyers of the Punjab and Haryana High Court continued with their indefinite strike for the fifth day, with no sign of making peace with the Haryana government.
The high court, which caters to the two states as well as the Union Territory of Chandigarh, has been virtually shut down by the striking advocates, who are protesting against the creation of the Haryana Administrative Tribunal in Karnal to adjudicate service matters.
On Wednesday, half-a-dozen senior advocates met the Haryana advocate general Baldev Raj Mahajan and apprised him of the views of the bar. However, the meeting failed to yield any result, with both sides digging their heels in.
The lawyers are demanding withdrawal of the central notification for the creation of the tribunal on the grounds that the move is unconstitutional and nibbles away at the jurisdiction of the high court. They also allege it will lengthen the litigation process and could end up favouring the government.
Also read: Punjab & Haryana HC lawyers on indefinite strike against Haryana tribunal
Litigants not allowed to enter
The high court has over 4,000 practising advocates who have been on strike since Friday. On Monday, following the resolution passed in the general body meeting of the bar, the striking advocates closed all the entry gates of the high court, not allowing anyone, including litigants, to enter.
This is the first time in decades that the Punjab and Haryana High Court has shut down, with even litigants not being allowed to appear before judges without their advocates.
“We will continue with our strike till the notification is withdrawn. The entire bar is united and there is no question of the strike ending,” said Vikas Malik, vice-president of the Punjab and Haryana High Court Bar Association.
“We are explaining our position to every litigant who is coming to the court, and they are sympathetic to our cause.”
Bar association president Dayal Pratap Singh Randhawa added: “The bar leadership met chief justice Krishna Murari Monday and sought his support. We told him that the attempt to ‘tribunalise’ justice is in fact an attack on the independence of the judiciary.
“A tribunal whose members and chairperson are appointed by the state government cannot by definition give relief to the litigants who approach them against the government.”
Malik pointed out that both Himachal Pradesh and Odisha had abolished their administrative tribunals. “It is a failed system. It does not give relief to anyone and only increases the problems caused to the litigants,” he said.
Advocate general under pressure
Some members of the bar are demanding the resignation of advocate general Mahajan for not consulting the bar before giving a positive opinion on the creation of the tribunal.
However, speaking to ThePrint, Mahajan said it would not be possible for the government to withdraw the notification creating the tribunal.
“The notification has been issued by the central government following concurrence of the Supreme Court and the high court. The chairperson has also been appointed with the nod of the chief justice of the Punjab and Haryana High Court and the Chief Justice of India,” he said.
Mahajan did say that the government would consider the possibility of deferring the implementation of the notification. “A section of the bar suggested that the courts of the tribunal should be located not in Karnal but in Chandigarh or at Panchkula. That can be considered,” he said, adding that he will put forth the sentiments of the bar before Haryana Chief Minister Manohar Lal Khattar.
Aur dalo vote modi ko,even judiciary is not save under modi regime, the person appointed by state ,,,can how delivered justice to common man,he will favour to government only
Advocates appearing or not are the same for litigants. And doesnt make much difference. Advocates have no sincerity in conducting litigants cause.but for them fees only matters
Prof PK Sharma, Freelance Journalist,Barnala (Punjab)
Testing times indeed for the Punjab and Haryana High Court Bar Association and lawyers practising in this High Court enveloping almost
three states.
I wonder at the decision of the central government issuing a central notification to set up a Haryana Administrative Tribunal at Karnal.
How fine it would have been, had the central government offered Haryana an independent High Court of its own.No denying the fact that
in the” so-called public mandate ” central regime decisions are guided by political vested interests and whims of those at the helm of affairs .
The Bar Association did make a mention of independence of judiciary and constitution but to my mind all such things are quite ridiculous
and irrelevant in the present day scheme of things. It can be safely fancied that these two were the values honoured in the twentieth century
that too not in toto but up to a large extent.
Now we are in the twenty first century and rightly so dreaming of NEW INDIA !
It distresses me that the Bar Association is agitating where the vested interests of the lawyers community are being pricked .That is why
it is taking refuge and shelter in the name of long cherished values as well as the sanctity of independence of judiciary and constitution.
Why should not it raise its voice when these are thrown to winds with impunity elsewhere too pertaining to various others disciplines
of life.?
The Bar Association will see eye to eye with this assertion that independence of judiciary and constitution matter and signify in the same fashion in other streams of life too. It should not have a lop-sided view of the two institutions of the state employing these selectively to
meet its own ends.
Prof PK Sharma, Freelance Journalist
Pom Anm Nest,Barnala (Punjab)
You are right. Other tribunals are there like tax tribunal, industrial tribunal and armed forces tribunal which also deal with employment. Why haryana employees of govt are so special they cannot go to tribunal but only high court in the first instance?
The bar association is extraordinarily stubborn and unreasonable so the strike will just go on and on and govt will not do anything.
Let the tribunal be in chandigarh then maybe that is what they really want and then they may stop striking.