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Will Not Obstruct Entry Of Litigants: P&H Bar Association Tells HC[Read Order]

15 Aug 2019 7:33 AM GMT
Will Not Obstruct Entry Of Litigants: P&H Bar Association Tells HC[Read Order]
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Following the notice issued by a full bench of the High Court of Punjab and Haryana yesterday in a suo moto action was taken against the Bar Association of Punjab and Haryana High Court, the President and the Secretary of the Bar informed the court today that they shall cease to restrict lawful entry of litigants in the court.

The matter titled "Court on its own motion v. State of Haryana" was taken up by the court yesterday when it was informed by certain litigants that the members of the bar had been denying them entry into the premises of the high court despite their having a valid entry pass.

Based on court's directions, the President and the Secretary of the Bar Association; Additional Solicitor General of India, Assistant Solicitor General of India, Advocate General of Haryana, Additional Advocate General of Haryana and Shri Pankaj Jain, Senior Standing Counsel, along with the Adviser, Home Secretary, Director General of Police and Senior Superintendent of Police of Chandigarh were present today.

During the proceedings, the President of the Bar placed before the court representation of the Bar Association, dated 09.08.2019, made to the Chief Minister of Haryana, contesting the constitution of the Haryana Administrative Tribunal. It was contended therein that the constitution of Tribunal was ultra vires so far as it curtailed the power of judicial review of the high court. Reference was also made therein to some judicial pronouncements of the Apex Court to support their contention that "constitution of a Service Tribunal directly affects the power of judicial review of the court and, thus, is not legal and in accordance with the mandate of the Constitution."

The President also placed on record the order of the state government, dated 12.08.2019, which in effect deferred the implementation of government notification dated 24.07.2019, constituting the Tribunal. It further directed the establishment of a Committee to consider the issues raised by the Bar Association, pertaining to "legality, viability and workability of the Haryana Administrative Tribunal".

Subsequently, the President and the Secretary informed the Court that the Bar Association shall not cause any obstruction in the ingress or egress of the litigants having a valid entry pass, to the premises of the High Court, with immediate effect. They also informed that the Executive Committee shall take a decision about the mode and manner of their protest and shall come up with their stand on the next date of hearing.

The bench comprised by Chief Justice Krishna Murari, Justice Rajiv Sharma and Justice Rakesh Kumar Jain observed that it had already intervened in the matter by way of an interim order dated 02.08.2019 in a public interest litigation, deferring the implementation of the notification dated 24.07.2019. It had also directed therein that "all fresh cases, as well as pending cases, shall continue to be entertained by the High court and the District Courts in Haryana till further orders."

Hence, the court directed that "All the officers, who are present today in person, are requested to be present at 11.00 A.M., when the matter shall be taken up", on August 16.

Click here to download the Order

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