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Strict Action Will Be Taken Against Advocates Who Appear Before Court Or Indulge In Physical/E-Filing: Allahabad HC Bar Assn. Warns Lawyers

Sparsh Upadhyay
1 March 2021 3:55 PM GMT
Strict Action Will Be Taken Against Advocates Who Appear Before Court Or Indulge In Physical/E-Filing: Allahabad HC Bar Assn. Warns Lawyers
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The Allahabad HC Bar Association has issued an official order asking Advocates associated with HCBA, not to indulge in Physical or E-filing keeping in view the importance of ongoing protest against Uttar Pradesh Education Tribunal Act 2021. The Order signed by HCBA, Allahabad's president Amrendra Nath Singh and Secretary Prabha Shankar Mishra also states that strict action will be...

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The Allahabad HC Bar Association has issued an official order asking Advocates associated with HCBA, not to indulge in Physical or E-filing keeping in view the importance of ongoing protest against Uttar Pradesh Education Tribunal Act 2021.

The Order signed by HCBA, Allahabad's president Amrendra Nath Singh and Secretary Prabha Shankar Mishra also states that strict action will be taken against Advocates who indulge in physical/e-filing.

Apart from this, by way of issuing an official press release, the HCBA has also informed that it has resolved to abstain from Judicial Work tomorrow i.e., on 02nd March 2021 to express its displeasure over the passing of Uttar Pradesh Educational Services Tribunal Bill, 2021.

It has been stated in the press release that if any Advocate is found appearing before any Bench of the Allahabad High Court, then HCBA would write to the Bar Council of Uttar Pradesh to terminate his/her enrolment/registration.

The stand of the HCBA, Allahabad

The High Court Bar Association, Allahabad has been abstaining from court work since February 23.

The HCBA, Allahabad, in its resolution dated 23rd February had stated that the establishment of Principal Bench of Tribunal at Lucknow is against the guidelines issued by the Supreme Court and that the advocates practicing at Allahabad High Court are unhappy with the decision.

The resolution also stated that accepting the demands of the Advocates of Allahabad, the Deputy CM of Uttar Pradesh Dinesh Sharma had reportedly assured them publicly, that the Principal Bench of the tribunal would be established at Allahabad/Prayagraj, still, the Government went ahead with the Bill which is against the well-settled principles propounded by the Supreme Court.

In this backdrop, the Association has been expressing its displeasure over the way in which the Bill was was brought about by the State Government.

Speaking to Live Law, a member of HCBA said that the Principal Bench of the Tribunal should be established in Allahabad, and another bench could be established in Lucknow.

He further told us that the 2021 Bill proposes to establish a principal Bench of the Tribunal at Lucknow, the Capital city of Uttar Pradesh which is unacceptable to the Association.

While speaking to Live Law, Hony Secretary (HCBA, Allahabad) Prabha Shankar Mishra said that the strike is likely to continue till 9th March (interim decision) and it will be observing Allahabad Bandi on 09th March and that the Association has decided not to meet Government functionaries.

Further, he told Live Law that the association has informed all the Advocates associated with the Association not to appear before any of the Benches of the Allahabad HC otherwise they would be responsible for the action taken against them.

In fact, the Association has terminated the membership of an Advocate who reportedly sent an e-petition to the Chief Justice of Allahabad High Court.

It may be noted that a similar bill (related to Education Tribunal) was introduced in the year 2019 by the UP Government, however, facing stiff opposition from the Lawyers, the Government decided to take back the said Bill from the Government of India (as it was pending before the President of India) and incorporate certain amendments desired in it and introduced a new Bill in place thereof — The Uttar Pradesh Education Services Tribunal Bill 2021.

Click Here To Download Resolution and Official Order

Read Resolution and Official Order

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