GHCAA’S move to conduct its own poll using whatsApp circumvents the process initiated by GHC; PIL Filed in Gujarat High Court.
(Judicial Quest News Network)
A Public Interest Litigation (PIL) has been filed before the Gujarat High Court, after President of Gujarat High Court Advocate Association (GHCAA) Yatin Oza decided to run a poll eliciting views on physical functioning of courts amid the COVID-19 pandemic.
The petition is filed by Advocate Amit Panchal, contends that to the utter shock, surprise and dismay of the petitioner came across a WhatsApp message at 5:00pm on 26-5-2020 by GHCA official Group. It was urged that the members should reply to the Google Forum by 05:00pm on 29-5-2020.
The petitioner further contends that even before the tie for responding to the Honourable High Court’s Questionnaire was complete, the President of GHCAA wrote to the Hon’ble Chief Justice stating that as per the poll conducted by it, 64%of the embers of the association had expressed their desire that Courts function physically. This method of conducting the poll itself has no legal sanctity. In the absence of a general Body Meeting, an online poll can at best be regarded as informal in nature.
The petitioner further contends that the conduct of proceedings through physical medium or by video-conferencing is a decision that can only be taken by the Honourable Court .The Bar Council or the Bar Association cannot insist on the right of physical appearance before the Court.
Relying on various Supreme Court decisions, the PIL submits that the decision to conduct proceedings either physically or through virtual hearing is a decision that has to be taken by the high Court.
It is evident that from past few days have witnessed a divide among the GHCAA members itself, with Oza first resigning on June,2, followed by the withdrawal of his resignation within a few hours. His decision to resign was owing to his helplessness in resolving issues of junior advocates who are in a dire state amid the limited functioning of court.
The petitioner urges the GHC to declare the actions of GHCA, i.e, issuing the whaApp message and conducting the voting poll, as illegal and contrary to the established judicial disciple.
[Read Petition]
