'Forces Fighting The Battle, You Want To Rest?' Punjab & Haryana HC Pulls Lawyer For Seeking Adjournment, Says He May Join From VC

While refusing to excuse a counsel due to "No Work Day" declared by the Bar amid India-Pakistan border tensions, the Punjab & Haryana High Court said that when forces are fighting the battle, one cannot choose to rest at home—especially when courts are equipped with video conferencing facilities that allow everyone to connect and work from home.

In view of the "serious escalation of the ongoing war-like situation", and considering safety concerns along with the latest advisory on air strike warnings in Chandigarh, the High Court Bar Association has called for a "No Work Day" today (May 9).

A bench of Chief Justice Sheel Nagu and Justice Sumeet Goel refusing to adjourn the Punjab-Haryana water dispute case, told the counsel representing Punjab Government said,

"The 'No Work Call' was a little unfortunate. I expressed my concerns to your President [HC Bar Association]. When our forces are fighting on the battlefield, you can't sit at home and rest. If everyone does that, the entire system of the country will come to a grinding halt...if you want to work from home and work, you can join the (video conference) facility which allows everyone to connect."

Counsel appearing for Punjab Government had requested to adjourn the matter on account of "No Work day" declared by the High Court Bar Association and State Bar Council amid border tensions and black out in Chandigarh.

"The senior counsel is not available. Your Lordship may kindly adjourn the matter to Monday, as we have to follow the 'No Work Day' call declared by the Bar Council, since our licenses are issued by them...," he added.

Rejecting the request, the Court kept the matter for 4 PM.

Additional Solicitor General Satya Pal Jain, appearing with Senior Panel Counsel Dheeraj Jain, submitted that since the hearing was preponed to 12 PM, the affidavit regarding the minutes of the meeting could not be produced, as the Home Ministry is currently occupied with other urgent matters. He assured that the affidavit would be submitted in the afternoon at 4 PM.

Senior counsel appearing for Bhakra Beas Management Board (BBMB) Rajesh Garg also submitted that he will file affidavit on his claim that the Punjab Police stopped the Board from releasing water to Haryana.

While keeping the matter for 4 PM, the bench said, "Now the fact zeros downs on one fact that whether the notice for contempt should be issued or not." 

Background

Amid the ongoing dispute between the states of Punjab and Haryana over sharing of Bhakra Nangal dam water, the High Court yesterday (May 8)  asked the Chairman of Bhakra Beas Management Board (BBMB) to file on affidavit his claim that the Punjab Police stopped him from releasing water to Haryana.

Pertinent to note that on May 7, the High Court passed an order restraining the Punjab police from "interfering" in the day-to-day functioning of the dam.

However, appearing through video conference mode, BBMB Chairman Manoj Tripathi apprised the Court that two BBMB officers who were directed to release 200 cusecs water to Haryana were restrained by the police agency.

The Chairman himself claimed to be "gheraoed" at the guest house by some civilians, when the Punjab Police rescued him.

The Court had then directed Tripathi to file his statement on affidavit.

The Court had further directed that Additional Solicitor General of India Satya Pal Jain to produce the relevant minutes of meeting dated May 2, where it was decided to release 4500 cusecs extra water to Haryana in 8 days, for meeting emergent needs of the State.

The development comes in a contempt petition moved by a Gram Panchayat, alleging that the irrespective of the High Court order asking the Punjab Police not to interfere with the day to day activities of the Board, the agency restrained the BBMB officers from discharging their duties.