“Bar Of Civil Jurisdiction” Will Subsequently Affect District Court: Bar Council Of Delhi Calls For Repeal Of Farm Laws, Writes To PM
(Judicial Quest News Network)
Amid ongoing agitation by farmers against the new farm laws the Bar Council of Delhi has written a letter to Prime Minister Modi urging him to repeal the new farm laws as it creates a bar of Civil Court’s jurisdiction and entrust of same to SDMs/ADMs.
The Council has attempted to invite Prime Ministers’ Attention to the farmer’s law enacted by the government in the recent past claiming them to be beneficial to the country’s farmers and how they are detrimental to the interest of the legal professionals.
It is submitted that it seems while framing these laws, it was not brought to your kind notice that they are more detrimental to the interest of legal professionals, across the Country. The nature of Subject matters covered under these laws are so vast that all disputes until now entertained by civil Courts will be adjudicated by SDMs/ADMs who are not part of regular Courts.
How can any litigation having civil consequences be given for adjudication to structure involving administrative agencies, controlled and run by executive authorities?
It is further submitted that under our constitution a fine Pyramid of Justice Dispensation System has ben envisioned. The District Courts are part of basic Structure and being the principle Courts of Original Jurisdiction is the foundation of the Pyramid. These courts are at door steps of People, where one can approach for access to justice but the trend in the recent past, is to destroy Courts.
The letter further readds that apart from Advocate’s, the public at large will be deprived of justice. We are aware of working conditions which is less said the better. Undisputedly, these laws are not only detrimental to the peasants but also affects the lawyer’s community, the litigants and the general public.
This will lead to corruption and touts will victimize unimaginably.
It is said that the government surreptitiously inserted such provisions, prejudicial to lawyers and litigants, which pose a serious threat to the judicial institutions as well.
The issue has wider implications and consequences, which they have not been addressed, while enacting the laws, however, the existing legal system can’t be allowed to be eroded.
The BCD has also urged that the legal profession is facing serious challenges and such legislations will add more to their miseries. Undoubtedly it denies fair and adequate opportunities to lawyers .Even a litigant is deprived of proper and fair adjudication of their rights, as in the absence of assistance by lawyer, no justice can be rendered,
DBC has thus urged the Prime Minister to immediately withdraw the Farmers Acts.
[Read the Letter]
