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“We will continue with our strike till the notification is withdrawn.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.