The Supreme Court has sternly warned the Punjab and Haryana High Court Bar Association against the continuance of strikes, emphasizing that lawyers should not compromise the interests of litigants for protests. During a recent hearing, the Bench, led by Justices Abhay Oka and Augustine George Masih, criticized the Association’s approach to disputes by halting court work, suggesting alternative methods of protest are available that do not disrupt legal proceedings.
The admonishment came in response to an incident where a litigant suffered due to the absence of their lawyer, attributed to a strike called by the Bar Association. This incident pertained to a crucial interpretation of ‘material in possession’ and ‘reason to believe’ under the Prevention of Money Laundering Act in the Punjab and Haryana High Court, which led to an unfavorable order against the litigant on July 26.
Expressing displeasure, Justice Oka remarked, “You are holding the litigants at ransom. What is the fault of 10,000 litigants? You cannot hold litigants to ransom. It is 75 years of the Constitution. Some day you will be responsible for this.” He referenced instances from other states where swift actions were taken to resolve similar disruptions.
The Supreme Court, taking a stringent stance on the matter, issued a notice to the Association in August, threatening contempt proceedings unless they justify their actions. The Bar Association’s reluctant response during the proceedings led Justice Oka to propose possible suspensions for those continuing to endorse strikes.
The court expects an undertaking from the acting president, GS Brar, and acting joint secretary, Praveen Dahiya, of the Bar Association by December 8, affirming an end to future strikes. The matter is set to reconvene on December 13, by which the Association must confirm their compliance.
