The Punjab and Haryana High Court on Tuesday pulled up the High Court Bar Association for initiating disciplinary proceedings against a lawyer who had filed a public interest litigation (PIL) exposing unauthorised constructions and encroachments within the high court complex.
A bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry orally remarked, “Where is the misconduct? This (disciplinary action) is interference in the process of justice. This virtually amounts to interference.”
The PIL was filed in 2023 by advocate Prithvi Yadav, highlighting illegal encroachments by dhabas and kiosks inside the high court premises. Acting on the plea, the administration had initiated steps to remove the encroachments, though the process was later stayed by the court on a challenge filed by the Bar body, while seeking suggestions from stakeholders.
It was also on Yadav’s application that the court restrained the Bar Association from collecting parking fees on a parking lot allegedly established illegally on a green belt belonging to the UT administration.
The Bar Association had passed a resolution declaring Yadav’s act of filing the PIL as “misconduct” and constituted a three-member disciplinary committee to proceed against him. Yadav, in turn, challenged this decision, arguing that filing a PIL in public interest cannot amount to professional misconduct.
Taking serious note of his submissions, the court sought a reply from the Bar body and directed that no coercive steps be taken against Yadav pursuant to the resolution.
The issue of space crunch and traffic congestion at the high court has been under judicial scrutiny. The court is already examining demands from the Bar Association and employees’ association for implementation of a holistic development plan for the court complex. Proposals under consideration include expansion at the present site or relocation of the high court to Sarangpur.
