BAR COUNCIL Sub-Committee resolves issue between P&H HC Bar Asso &...

Sub-Committee resolves issue between P&H HC Bar Asso & State Bar Council: BCI

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The Bar Council of India unanimously accepted the decision passed by its sub-committee which was constituted to resolve the issue between High Court Bar Association, Punjab and Haryana Vs. Bar Council of Punjab and Haryana, the issue amicably resolved when the High Court Bar Association, Punjab and Haryana withdrew its resolution which it passed on 7th May.

The main issue arose on 7th May, when the High Court Bar Association, Punjab and Haryana (HCBA) passed a Resolution against the Chief Justice seeking his transfer on the ground that there are serious irregularities in the matters of listing of cases and out of 49 Judges only 12 are allotted work, causing large number of backlog of cases and even urgent matters like regular and anticipatory bails are not being taken up. 

Thereafter, HCBA through its resolution on 7th May demanded transfer of Chief Justice of Punjab & Haryana and also urged to boycott his court for stopping the mentioning of cases. 

This resolution of HCBA was stayed by Bar Council of Punjab and Haryana stating that the resolution of HCBA is unjustified and uncalled for. The Bar Council of Punjab and Haryana also stated that the issue of mentioning can wait for 3 weeks and can be raised at appropriate time. Now the situation is to join hands to save the lives of all the stakeholders of Legal Fraternity. It is not the right time for any agitation. Now it is not the matter of the livelihood of Advocates rather it is the safety and health of Advocates it is the time to save the lives of Advocates and their family members. 

Thereafter the HCBA approached the Bar Council of India in Revision Petition  against the order of the Bar Council of Punjab and Haryana which had stayed its Resolution to boycott the Court of  Chief Justice of Punjab and Haryana High Court till transfer of Chief Justice from that High Court.

But, the Bar Council of India on 10th May refused to stay the Order of 7th May passed by the Bar Council of Punjab and Haryana. And the Bar Council of India constituted a 7-Member Committee for the redressal of dispute between the HCBA and Bar Council of Punjab and Haryana, stating that “On the one hand, it is the question of risk of life and on the other, it is the question of livelihood of the legal fraternity.” 

Thereafter, The committee, gave the following opinions/suggestions to solve the dispute:- 

i. Considering the potential threat of COVID-19 which is raging in Punjab, Haryana and Chandigarh, the methodology adopted by The Hon’ble Chief Justice for adjusting and listing cases, at this stage, is appreciable; 

ii. As and when the situation in relation to COVID-19 eases out, there shall be further deliberations between  The Chief Justice and the President/ Hony Secretary of the Punjab and Haryana High Court Bar Association so that measures feasible and suitable can be taken; 

iii. In this period of crisis all the stakeholders of this institution should stand united, have free flowing channels of communication so that the dignity of the institution as a whole, is maintained. 

iv. In these trying times all the stakeholders of the Punjab and Haryana High Court i.e. Hon’ble The Chief Justice, Hon’ble The Judges, the Staff members, the Administrative Officers and the Advocates have to hold each other’s hand. For that to happen channels of communication should be more proactive. 

Thereafter, obliging the suggestion of sub-committee and after having discussion with the Chief Justice of Punjab and Haryana High Court, HCBA withdrew its Revision Petition pending before the Bar Council of India and it also withdrew its resolution dated 7th May.

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