P&H Bar Council Extends Its Support To Farmers Protest; Decides To Abstain From Work On Dec 8 To Support Bharat Bandh

Stating that the Council stands with the farmers in their agitation against new laws, the Council has informed that the Advocates of Punjab and Haryana have been actively participating in the farmers agitation (for the last two months).

Regarding the Farmers' Acts

Further, the Bar Council has also requested the Union Government to immediately withdraw the 3 Farmers' Acts passed by the Parliament recently. The press note states,

"The Bar Council of Punjab and Haryana opposes the new Agriculture Acts passed by the Central government. These new enactments are not only detrimental to the interests of farmers but are also detrimental to the interest of lawyers. The Bar of civil court jurisdiction in these new Acts is serious challenge to the independence of judiciary."

It further states,

"The separation of judiciary and executive is a salient feature of our constitution. Under the new Acts the disputes will be heard by SDM/ADMs who are not trained to hear the litigation involving civil consequences and moreover, they are administrative organ of the Government and would be unable to protect the rights of farmers. The disputes arising out of new enactments will involve commercial matters, contract act agreement and partnership matters which is under the preview of civil courts and therefore, baring the civil court jurisdiction is detrimental to the interest of lawyers and is an effort to undermine the judiciary."

The Bar Council has also appreciated the active participation of advocates of Punjab, Haryana and Chandigarh in the farmers' agitation.

Support for Bharat Bandh

While announcing its supports for the call of Bharat Bandh the Council has also requested the Advocates of Punjab, Haryana and Chandigarh including Punjab & Haryana High Court to abstain from work on 8^th December 2020.

Significantly, the Bar Council has also requested the Chairman BCI and to the Chairman's of all the State Bar Councils throughout India to support the call of Bharat Bandh given by farmers on 8^th December 2020 by abstaining from the work.

Additionally, the Bar Council has also decided to send 1000 blankets and dry ration to the agitating farmers at Sindhu boarder "in order to help and support the farmers".

It may be noted that the Bar Council of Punjab and Haryana is a statutory body under the Advocates Act 1961 which is the Apex Body of the Lawyers of Punjab, Haryana and Chandigarh. There are around One Lakh Ten Thousand Advocates enrolled with the Bar Council of Punjab and Haryana.

Related News

Stating that the "Bar of Civil Court Jurisdiction" will be detrimental to the interest of legal professionals, the Bar Council of Delhi, on Wednesday (02^nd December), wrote a letter to PM Narendra Modi requesting for the immediate withdrawal of the three legislations (Farm Acts) pertaining to farmers and to give an audience to the leaders of the farmers in order for an amicable solution to be reached.

It may be noted that on Sunday (27^th September 2020) the Ministry of Law and Justice (Legislative Department) notified the presidential assent to the following 4 Acts:-

1. The Farmers' Produce Trade And Commerce (Promotion And Facilitation) Act, 2020; (Presidential assent received on 24^th September)

2. The Farmers (Empowerment And Protection) Agreement On Price Assurance And Farm Services Act, 2020; (Presidential assent received on 24^th September)

3. The Essential Commodities (Amendment) Act, 2020; and (Presidential assent received on 26^th September)

4. The Jammu And Kashmir Official Languages Act, 2020 (Presidential assent received on 26^th September)

Congress MP in Lok Sabha, TN Prathapan has moved the Supreme Court challenging the constitutional validity of the Farmers' (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020.

Also, Tiruchi Siva, Member of Parliament (DMK) has also moved the Supreme Court challenging three controversial enactments.

The Supreme Court In October 2020 issued notice to the Central Government on three writ petitions challenging the three farm laws passed by the Parliament recently, which have attracted opposition from several farmers groups across the country.

The bench was considering three writ petitions filed by Manohar Lal Sharma, office bearers of Chattisgarh Kisan Congress (Rakesh Vaishnav and others) and DMP MP Tiruchi Siva.

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