Courts Of Law Are Established For Common Man, Bar Assn Can’t Question Establishment Of A New Court: Chhattisgarh HC [Read Order]

The members of the Bar have to give way to the larger public interest that is the interest of litigant, the court said.

The Chhattisgarh High Court recently dismissed a plea of the bar association against setting up of a camp court, observing that reduction of professional prospects of the members of the Bar Association cannot be the ground to challenge the establishment of a new court.

The high court, vide a notification, directed that the additional district and sessions judge, Dhamtari, in addition of his present place of sitting at Dhamtari shall also sit at Kurud for one week every month. The bar association had challenged the said notification contending that it will cause great difficulty to the interest of lawyers and litigants as distance from Dhamtari to Kurud is 22 km.

Justice Sanjay K Agrawal observed that it is a camp court, not a link court established permanently. The court also said merely because the petitioner being a bar association cannot question the establishment of a new court as it is a question of public policy and courts are primarily established for convenience of common man/litigant. “No litigant has come to this Court questioning the establishment of Camp Court at Kurud,” the court said.

The court further observed: “The Courts of Law are established for common man. A litigant who comes to the Court of Law is a consumer of justice. The functions and duties of members of Bar and Judges are complementary of each other. The ultimate object of members of Bar and Judges is to ensure that justice is done to a common man. Their duty is to ensure that speedy justice is provided to the citizens.”