Demand of Transfer of the Chief Justice of Punjab And Haryana High Court is Improper and Unjustified. BCI Constitutes 7-Member Committee to Meet the CJ To Resolve the Matter
(Judicial Quest News Network)
the Council has not granted any Stay of the Order passed by the
Hon’ble Chairman, State Bar Council of Punjab and Haryana and in most clear words the Bar Council of India has noted that it cannot support any resolution for boycott of the Court of the Chief Justice or any Judge of High Court on such grounds.
The Bar Council of India (BCI) on Monday declined to stay the decision of the State Bar Council of Punjab and Haryana High Court which passed a resolution to boycott the Court of Chief Justice Ravi Shanker Jha b until he is transferred to other state.
Last week the Punjab & Haryana Bar Association had passed a resolution alleging that the working of the High Court during the COVID-19pandemic has been very problematic and the important matters like those pertaining to bail, habeas corpus and detention were not being listed.
However, the State Bar Council intervened into the matter and stayed the resolution on the same day, aggrieved by this the Bar Association moved to Bar Council of India.
the BCI in issued a statement and mentioned that the bar council of India has in its meeting held on the evening of 10.05.2021 refused to stay the order dated 07.05.2021 passed by the bar council of Punjab and Haryana. the high court bar association, Punjab and Haryana high court had challenged the order of state bar council of Punjab and Haryana staying the resolution of the high court bar association to boycott the court of hon’ble chief justice of Punjab and Haryana high court till his transfer from that high court.
As per the statement
- It cannot support any resolution for boycott of the Court of the Chief Justice or any Judge of High Court on Such grounds.
- Such extreme resources could be taken by a body of lawyers only in the rarest of rare cases, where there are strong compelling grounds and where there is no other remedy left to the legal fraternity.
- The Demand for the transfer of the Chief Justice of the Punjad & Haryana High Court is prima-facie, is improper, unjustified and is not going to solve any problem.
- Such type of politics cannot be allowed to be indulged into by any Bar Association/s and Bar Associations have been advised to desist from passing such resolution.
The BCI has mentioned in its statement that such issues raised by the Bar Association are common to the High Courts during the pandemic. Barring one or two, High Courts, almost all other High Courts are unable to take-up urgent matters and there is a strong resentment among the litigants and the lawyers, but, at the same time, the Council has also taken into consideration the serious risk of the life of lawyers and their staff even when the cases are conducted through Video-Conferencing.
BCI has constituted a 7-member committee to meet with Chief Justice of the Punjab & Haryana High Court in an effort to address the grievances raised by the advocates. The Committee includes the following members.
1. Mr. Ashwani Chopra, Senior Advocate (Convener of the Committee);
2. The President, High Court Bar Association, Punjab and Haryana High
Court (Co-Convener of the Committee);
3. Mr. Harpreet Singh Brar, Former Chairman, Bar Council of Punjab and Haryana;
4. Hony. Secretary, High Court Bar Association, Punjab and Haryana High Court;
5. Mr. Puneet Bali, Senior Advocate;
6. Ms. Anu Chatrath, Senior Advocate; and
7. Mr. Partap Singh, Hon’ble Member, Bar Council of India (Special Invitee).
The Bar Council of India has also made a request to the Hon’ble Chief Justice of Punjab and Haryana High Court to hear the Committee and redress the grievances of the High Court Bar Association as far as practicable and feasible. However, the Council has not granted any Stay of the Order passed by the Hon’ble Chairman, State Bar Council of Punjab and Haryana and in most clear words the Bar Council of India has noted that it cannot support any resolution for boycott of the Court of the Chief Justice or any Judge of High Court on such grounds. Such extreme recourse could be taken by a body of lawyers only in rarest of rare cases where there are strong compelling grounds and there is no
other remedy left to the legal fraternity.
The Revision Petition is fixed for final hearing by the Bar Council of India on 14.05.2021. On that day, the Council will take into
consideration the opinion/suggestions of the Members of the Committee and will finally dispose of the Revision Matter.
