Lawyers Grievance Not Greater Than Tears & Pain Of Litigants: Allahabad High Court On Continuous Strike By Lawyers

The Judges of the Allahabad High Court on Tuesday expressed displeasure over the continued abstinence from work by the lawyers since 30^th August, 2023. The lawyers have been abstaining from work across the State of UP due to the Police lathicharge on lawyers in Hapur District.

Justice Kshitij Shailendra observed that the Registrar General had issued due communication on Monday for arguments through Video Conferencing/ Virtual mode from Tuesday onwards. Necessary links for the same were also notified. However, the lawyers in the case before the Court did not appear physically or through virtual mode.

The Court noted that despite “positive intervention” by the High Court on the judicial side through orders in Suo Moto PIL In Re v. Bar Council of U.P., the lawyers have abstained from judicial work which is leading to fresh cases being piled up every day.

Justice Shailendra observed:

“Cases are not disposable commodities to be treated as mere statistics. Their purpose is not to provide a livelihood for lawyers or provide monthly disposal quota to Judges. Each case that comes before a Judge, has an element of a human problem concerning the life, liberty, livelihood, family business, profession, work, shelter, safety and security of the citizen.”

Noting that many of the litigants belong to the weaker sections of the society and are financially backward, the Court observed

“Their silent cry for a civilised human solution to their grievances and problems, and for a level playing field is a call for justice, to be felt and heard not only by the Judges but also by the lawyers, the latter, unfortunately, not hearing this cry, whatever may be the reason which, certainly, cannot have more weight than the weight of tears and pain of litigant(s) who have reposed all faith in our judicial system and the institution of justice.”

“Considering the plight of the litigant(s) and with the intention that on account of non-cooperation by the lawyers, no harm is caused to the grievance of the litigant(s),” the Court adjourned the case for the day. The Court directed that the case be listed as fresh on 26^th September, 2023.