Bar Council of Kerala Writes to CJ, decides to boycott upcoming e-Lok Adalat, high lights arbitrary functioning of Kerala State Legal Service Authority (KELSSA)
(Judicial Quest News Network)
Annoyed with several instances that demonstrate the “apathy” of the Hon’ble High Court and the Hon’ble Chief Justice towards the plight of the lawyers in Kerala, Chairman of Bar Council of Kerala has addressed a letter to the Chief Justice, informing its decision to boycott the upcoming e-lok Adalat organized by the Kerala Legal Service Authority (KELSA).
The Bar Council of Kerala is also aggrieved by the “arbitrary functioning” of the Kerala Legal Service Authority (KELAS), which supposedly taking decisions without consulting the Bar.
The Letter further states that “The Chief Justice and The then Judges of the Administrative Committee have orally assured the delegation of the Bar Council of Kerala, which met the Chief Justice and the companion judges on 19-11-2019,02-12-2019, and 5-12-2019 that the Bar Council would be called to discuss the many grievances pointed out by the Council.
It is alleged that recently KELAS has taken a decision to organize an e-Lok Adalt in the State without consulting the Bar.
Another issued high lighted was with respect to the rules made by Kerala High Court for professional fees that could be collected for Motor Accident Claim representation. The new rules “Seriously effect” the livelihood of Lawyers and were laid down by the High Court without consultation, it is argued.
Another prominent issue pointed out in the aforesaid meetings by the Bar Council Members was the countless difficulties and hardship faced by the lawyers is respect of errant behavior of certain Judicial officers (a minuscule minority among Judicial Officers) deeming and degrading lawyers including Senior Lawyers and reputed Lawyers at various Courts Centers in Kerala. Which is nothing but Judicial misconduct. The Consequent pain suffered by lawyers is immeasurable.
Bar Council had requested to take corrective actions against such officers and also stressed on the need for special training for Judicial Officers through the Kerala Judicial Academy, though oral assurances were given by the Chief Justice and Companion Judges in the aforesaid meetings that the corrective measures would be taken, but nothing is done so far.
There are 108 Court Centers in the state of Kerala in addition to the High Court of Kerala and there are 85 Bar Associations in Kerala representing more than 50,000 Advocates.
The representatives of the Bar are ignored or sidelined in all major developments including e-filing and Court E-Systems on the Judicial and professional side.
Presently, it is a matter of grave concern that E-Lok Adalat and the Standard Operating Protocol (SOP) of the E-Lok Adalat, which have major consequences for the whole Advocates’ Community in Kerala have been arbitrarily introduced by KELSA without consultation with the Bar Council of Kerala.
It is seen widely circulated in social media of Advocates ‘Group that even outside opaque private agencies are roped into the E- Adalat process and these consulting agencies have even started soliciting clients without notice to the lawyers representing them. This is a worrying trend.
Apart from this no permanent mechanism to resolve disputes between the Bar and the Bench has been put in place, despite oral assurance to the effect, the Council avers.
The Body mooted would have had comprised of Senior Judges of the Bench and the bar Council. However, there was no action in this regards either, the Council States “ On the contrary, even the oral requests from the side of the Bar Council for a meeting with Chief Justice to address the immediate and urgent issues affecting the Advocates’ Community in Kerala have been repeatedly turned down, which is an embarrassment to the Advocate’s Community.”
For these reasons the council has resolved to boycott the upcoming e-lok Adalat, a mark of protest.
[Read the Letter here]:
