Bar Council Of P&H Warns To Go On 'Agitational Mode' If Decision Regarding Court's Physical Functioning Not Taken By Jan 11

Sparsh Upadhyay

3 Jan 2021 2:34 PM GMT

  • Bar Council Of P&H Warns To Go On Agitational Mode If Decision Regarding Courts Physical Functioning Not Taken By Jan 11

    Stating that there is large scale resentment amongst the lawyers' fraternity as the courts are not working physically, the Bar Council Of Punjab & Haryana released a press note today warning that if no decision is taken to start the physical hearing by 11th January 2021 "then the action committee should resort to agitational mode". The Press note states that a meeting of the...

    Stating that there is large scale resentment amongst the lawyers' fraternity as the courts are not working physically, the Bar Council Of Punjab & Haryana released a press note today warning that if no decision is taken to start the physical hearing by 11th January 2021 "then the action committee should resort to agitational mode".

    The Press note states that a meeting of the Bar Association representatives i.e. Presidents/Secretaries of the States of Punjab, Haryana and U.T. Chandigarh including the High Court Bar Association was convened under the Chairmanship of Sh. Karanjit Singh Chairman Bar Council of Punjab and Haryana.

    This meeting was attended by Advocate General, Punjab Sh. Atul Nanda, Sr. Advocate, 19 Members of Bar Council, President and Secretary of High Court Bar Association, office bearer of Senior Advocates Bar Association and 110 Presidents/Secretaries of the District and Sub Division Bar Associations of Punjab, Haryana and U.T. Chandigarh.

    "All representatives of Bar Associations of Punjab, Haryana & Chandigarh were of unanimous view that physical hearing of the Courts should be started immediately," the press note states.

    As per the Press Note, the Advocate General expressed his views that the courts should be opened for physical hearing in a phased manner and by March 100% functioning of courts should start.

    Apart from that, About 60 speakers expressed their views and have given suggestion regarding opening of courts and starting of physical hearing.

    Further, the meeting unanimously resolved as under: -

    • An Action Committee of 15 members be constituted consisting of 4 Presidents of Bar Associations from Punjab, 4 Presidents of Bar Associations of Haryana, President High Court Bar Association and President of DBA, Chandigarh and 5 member from amongst Bar Council Members.
    • This Committee shall be headed by Chairman Bar Council, This Committee will coordinate with all Bars and take necessary decisions to achieve 100% physical working of courts.
    • The Committee would meet the Chief Justice of Punjab & Haryana High Court immediately for making representation and conveying the sentiments of the legal fraternity.
    • The Chief Justice be requested to give specific directions to all the District & Sessions Judges in the States of Punjab, Haryana and Chandigarh to list all the cases in all courts with specific direction giving priority for listing of old cases concerning senior citizens, destitute ladies, matrimonial cases etc so that courts should start working with limited cause list.
    • The direction be also be given that interim applications can be decided via V.C. however, other cases should be heard by open court by listing cases ripe for arguments, urgent nature of proceedings, evidence cases and while doing so specific time slot be indicated in the list itself for taking up the cases for hearing.
    • The lawyers would also extend full cooperation to make the courts function physical.

    It may be noted that addressing a letter to the Chief Justice of Punjab & Haryana High Court, the Bar Council of Punjab & Haryana on Friday (02nd October) had requested the CJ to at-least start physical hearing in 50% courts simultaneously with virtual hearing.

    "The Bar Council is sending this representation on behalf of all the Advocates of Punjab, Haryana and Chandigarh with earnest hope that the Hon'ble Chief Justice will heed to the request of legal fraternity and start the physical functioning of 50% courts by 12.10.2020, otherwise, the Bar Council will have no other option except to resort to peaceful agitation in order to provide some comfort to the advocates who are keenly waiting for the re-opening of Hon'ble Courts", read the letter. 

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