The protests against the Legal Aid Defence Counsel (LADC) system across Punjab may soon be heading towards an amicable solution. The Punjab and Haryana High Court on Monday expressed hope that the issue raised before it concerning the ongoing protest by lawyers in Punjab would be resolved amicably at the level of the Bar itself and the court would not be called upon to deal with the matter on the judicial side.
The observations came during the hearing of a petition filed by advocate Arvind Seth, who appeared in person before the Division Bench of Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor.
Recording the grievance raised in the petition, the Bench noted that the petitioner, a practicing lawyer in the High Court, “has raised a concern regarding denial of access to justice to litigants in the State of Punjab on account of ongoing protest by the lawyers”.
The order further recorded the submission that “protest by legitimate means is well recognized for highlighting issues of importance, but while doing so it is not open for anyone to interfere with the administration of justice or to deny access of justice to the litigants.
The Bench asserted that prayer, as such, was made in the petition for the High Court to interfere in such circumstances. “On our request, the President of the Punjab and Haryana High Court Bar Association, as well as some of the members of the Bar Council and senior counsels, have appeared before the Court. They are of the view that such issues ought to be resolved amicably at the level of the Bar itself,” the Bench observed
Expressing confidence that the issue would be resolved at the level of the Bar itself, the Bench observed: “We hope and trust that wiser heads will prevail and this Court would not be called upon to deal with the issue raised in the present matter, on judicial side.” On the joint request of the parties, the Bench adjourned the matter to July 23.
In his petition, Seth contended that the National Legal Services Authority (NALSA) implemented the Legal Aid Defence Counsel (LADC) System to provide institutional legal aid to eligible accused persons. It was added that various Bar associations in Punjab expressed objections to the implementation of the LADC Scheme and demanded restoration or review of the earlier panel advocate system.
“Various Bar Associations in Punjab expressed objections regarding the implementation of the LADC scheme and demanded restoration/reviews of the earlier panel advocate system,” he contended, adding that meetings of different Bar associations and their joint action committees/federations were held, and resolutions were passed opposing the LADC Scheme.
Seth further stated that the protesting Bar Associations announced an indefinite “no work/boycott programme. He added that resorting to strikes was “a glaring example” of denying justice to the litigants. “Therefore, there is a need for immediate intervention by the High Court and it is humbly prayed that necessary directions be issued so that the work in the courts of the State of Punjab resumes immediately,” the petition added.