Judges Must Continue Work Even During Lawyers' Strike; Provide Police Protection To Litigants If They Wish To Argue: Allahabad HC
Upasna Agrawal
12 Dec 2024 1:08 PM IST
In a strongly worded order, the Allahabad High Court recently expressed concern that litigants are being deprived of relief in courts due to ongoing lawyer strikes, despite the availability of statutory remedies for their grievances.
“I am afraid to know that the litigants are not getting justice from courts of law despite there being statutory remedy available and are compelled to apply to this Court only for the reason that there is strike by the lawyers in the concerned district,” a bench of Justice Ajit Kumar observed.
The single judge added that even if lawyers strike, judicial officers must discharge their judicial function, and if litigants want to argue their cases, the district administration, in consultation with the District Judge, must provide them with police protection.
"No one can be rendered remedy-less for lawyers sitting on strike. The Court is also of the considered view that no lawyer can restrain a judicial officer from discharging judicial function nor, lawyers can restrain any litigant from entering the courts of law," the Court observed.
The court made these observations while dealing with a writ plea moved by Ashutosh Kumar Pathak challenging an order granting release in favour of the landlord-respondent. However, the Court observed that he had the opportunity to avail himself of the alternate remedy of filing an appeal under Section 35 of the U.P. Regulation of Urban Premises Tenancy Act, 2021.
In response, counsel for the petitioner stated it would be difficult for him to get justice if he filed for an appeal under the Act, as lawyers were on strike in the district of Ghaziabad.
Noting this submission, Justice Kumar, while observing that the judicial officers must perform their duties even if the lawyers are on strike, emphasised that lawyers belonged to a “noble profession” and that it was never expected that they would prevent litigants from entering the court.
Further, granting relief to the petitioner, the Court directed that if he preferred a statutory appeal before the Rent Tribunal, the presiding judge of the Tribunal would pass an order upon the stay application filed within a week of its hearing, despite any strike by lawyers.
Accordingly, the petition was disposed of.
Case Title: Ashutosh Kumar Pathak v. State of U.P. and 3 Ors. [WRIT - A No. - 19382 of 2024]
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