Punjab-Haryana HC Boycott Chief Justice's Court Until Resumption Of Physical Hearings

OVERVIEW 

• Upset over the non-resumption of physical hearing of judicial proceedings at the Punjab & Haryana high court, the High Court Bar Association (HCBA) on Monday resolved to boycott the court of Chief Justice Ravi Shanker Jha, passing a resolution seeking his transfer. 

DEMANDS OF THE HCBA

• The Punjab & Haryana HCBA had been observing a hunger strike since January 7, 2021 demanding resumption of physical hearings that have been suspended since March 21 due to the pandemic. As many as 250 lawyers and 100 clerks announced their participation.
• Additionally, the bar has also dismembered Advocate-General Atul Nanda for allegedly continually ‘working against physical hearing and acting against the interest of the bar.’
• It was decided that all such members of the bar, who attended the virtual hearing of the court despite the call of strike, shall be dismembered from the association. The resolution passed by the HCBA states the following:

'The Executive Committee of HCBA would only meet the Hon’ble Judges, Bar & Bench Co-ordination Committee and Hon’ble Chief Justice and would not attend a meeting where the state representatives i.e. Advocate-Generals, Additional Solicitor General, Standing Counsel of U.T. are present.'

• The HCBA claimed that when all sectors of the economy, movie theatres, primary schools, universities, pre-nursery schools, gymnasiums, religious places, political gatherings, malls are functioning to its full capacity, the closure of high court, the custodian of the Constitution, along with hampering the livelihood of lawyers, stenos, clerks, is also sending a wrong signal in the society.

'The continuous closure of the Hon’ble Punjab & Haryana High Court which is the custodian of the Constitution and protector of fundamental rights is sending wrong signal in the society apart from taking away the livelihood of Lawyers, Stenos, Clerks and other persons associated with the legal field and has become a continuous means of denial of justice.'

• As per the release issued by the HCBA, all speakers present at the meeting spoke unanimously in favour of immediate resumption of physical hearings in courts, without a single objection. 

CONCLUSION 

• Punjab AG Atul Nanda was not available for the response in light of the recent developments. Although, a letter reportedly written by Nanda, was claimed to have been in support of the move by the high court administration to resume physical hearings.
• Taking into account the situation despite the effect of a pandemic, it seems unfair on the part of the Hon’ble Chief Justice to not resume physical hearings in courts, inconveniencing the livelihood of several litigants, as well as the lives associated with the legal profession. However, the outcome of the resolution and strike is yet to be unfolded.

WHAT IS YOUR OPINION REGARDING THE RESUMPTION OF PHYSICAL COURTS IN PUNJAB-HARYANA? LET US KNOW IN THE COMMENTS BELOW!