'Entire Local Bar Has Gone On Strike, Genuine Apprehension': P&H High Court Transfers Suit Allegedly Filed On Behest Of Lawyer

The Punjab and Haryana High Court transferred a civil suit filed allegedly on the behest of an advocate to another court outside the jurisdiction, considering that the entire local Bar had gone on strike in support of the lawyer on whose behest the case was lodged.

Justice Archana Puri said, "Each case has to be decided on its own facts and circumstances. One distinctive circumstance, in any case, may lead to a different decision in the transfer application. But anyhow, underlying principle is that 'justice should not only be done, but it should also appear to have been done'. There is a categoric assertion of the applicants, about apprehension of exercise of influence, at the instance of Madhu Bala, member of the local Bar at Garhshankar. However, it may not be so, as the Courts are required to work, without influence of any person and give a decision, in accordance with law."

The Court further pointed, when the entire Bar had gone on strike, as evident from, which is memorandum given by the Bar to the Sub-Divisional Magistrate, the reason for apprehension in the minds of the applicants, is seemingly genuine. "The intereference of the Bar, cannot be ruled out, though it may be with the sole purpose to support the Bar member."

This is definitely going to cause inconvenience to the applicants, at one moment or the other, it added.

The Court was hearing plea to transfer suits pending in the Courts at Garhshankar, District Hoshiarpur to any Court of competent jurisdiction.

It was submitted that there is Samadian Shiv Mandir Qila, in village Lasara (Thapal), Tehsil Garhshankar, Hoshiarpur. Relating to the said property, Mahant Sitaram Dass, had filed a suit, at first instance, for issuance of permanent injunction, through Madhu Bala, who is a practising lawyer at Garhshankar.

On this account, the counsel for the applicants submitted that proceedings under Section 164 of Bharatiya Nagarik Suraksha Sanhita, 2023 initiated, are pending before the Sub-Divisional Magistrate, but however, to back the prayer of Madhu Bala, the entire Bar of Garhshankar had refrained from work.

On the other hand, counsel for the respondent, submitted that false transfer applications have been filed, only with a purpose to delay the proceedings of the civil suits.

Considering the circumstances and "balancing the convenience/inconvenience of both the sides", the Court allowed the plea and transferred the suits to Hoshiarpur.

Mr. Gaurav Datta, Advocate for the applicants (in both the cases).

Mr. Vishal Sharma (Vasudeva), Advocate for the respondent (in both the cases).

Title: ONKAR SINGH @ OMKAR AND OTHERS v. MAHANT SITARAM DASS

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