Lawyers To Go On Hunger Strike Against 'Proposed' Transfer Of Certain Courts Of Mumbai City Civil & Sessions Court From Fort To Mazagaon Branch

The Bombay City Civil and Sessions Court Bar Association on Wednesday announced a two-day hunger strike, against the potential transfer of courts of the Mumbai City Civil and Sessions Court from the main branch in Fort to the branch in Mazagaon.

The Bar Association passed a unanimous resolution, deciding to go on a two-day chain hunger strike named "Sakhali Uposhan". This protest is slated to commence tomorrow, December 21 and conclude on December 22.

“It is hereby unanimously resolved that the Association is strongly opposing any attempt for further Shifting and/or Bifurcation/New Establishment/Additional/Transfer of any of the courts from the Principal Seat of the Bombay City Civil and Sessions Court, Mumbai to Mazgaon or any other place. The Bar Association will go on chain hunger strike (Sakhali Uposan) opposing the shifting and or bifurcation without disturbing the Court functioning with immediate effect”, the resolution of the Bar Association read.

Advocate Syed Asif Abbas Naqvi, Secretary of the Bar Association, told LiveLaw that while there is no official word on the transfer, informal discussions with judges of the Bombay High Court and the Bar Council of India suggested that 8 courts are being transferred from the Fort branch to the Mazagaon branch.

The Bar Association is opposing the transfer on the ground that having branches of the court in different locations is inconvenient for the litigants and advocates. Naqvi said that the Fort branch is near other courts such as the Small Causes Court and the Bombay High Court, and travel to and from Fort branch is convenient for the advocates also practicing in these courts. He claimed that transport facilities are inadequate at the Mazagaon branch, and it has no parking lots.

President of the Bar Association Advocate Ravi Prakash Jadhav in a letter to the Principal Judge, Mumbai City Civil and Sessions Court, highlighted apprehensions about the speculated transfer of cases and sought his intervention to halt the transfer.

“We have received reports of court staff packing files and indicating a transfer of cases to Mazgaon Court. With utmost respect, we request your intervention to halt any such transfers and reconsider the decision to bifurcate courts. The legal community is strongly opposed to this move, and we believe it may adversely affect the administration of justice”, the letter read.

In another letter to the Principal Judge on the same day, Jadhav sought clarification and official details regarding the speculated court transfers. The letter claimed that news is circulating on social media regarding the proposed transfer of certain courts and the court staff has verbally communicated this information to advocates. Jadhav in the letter questioned whether due consideration had been given to the strong opposition to transfer of courts voiced by the Bar Association and advocates.

The Bar Association in June had passed a unanimous resolution opposing any transfer of courts to the Mazagaon branch.

No response has been received to either of the aforementioned letters, Jadhav told LiveLaw.