Hapur Incident: Lawyers' Strike No Solution To Lathi-Charge, Allahabad High Court Suggests Calling Erring Officers And Bureaucrats To Court

On the 15^th day of strike by lawyers pursuant to the Hapur Incident, the Allahabad High Court observed that the strike is not a solution to the brutal lathi-charge on the lawyers at Hapur. The Court suggested that the erring officers and bureaucrats must be called to Court to justify their actions.

“The solution could have been to let the Courts function and make the officers and bureaucrats answerable compelling their appearance before the courts of law to justify their action of lathi-charge and not to shut down the courts giving liberty to the erring officials to roam freely and smiling with a confidence that there is none to call for an explanation or to take action against them or take remedial measures.”

Justice Kshitij Shailendra further observed that courts of law are not industrial establishments, and the Bar Council and Bar Associations cannot be treated like Trade Unions bargaining for their demands. They are well- equipped with all legal means to find out solutions to any problem.

It said that though a strike is a temporary measure with an aim to express a grievance or push some bargaining demand, it has more severe consequences and impact on the judicial system.

“In our judicial system, strike brings the wheels of justice to a standstill...If courts of law remain closed for long periods, the people may take recourse to other means for redressal of their grievances, including those which may have no sanction of law, like approaching the criminals to settle their disputes, or either turning themselves into criminals and adopting all other polluted means like bribing the dishonest bureaucrats for getting the work done."

“If this situation persists for a considerable period of time, the resultant effect on the society as well as individuals and the nation as a whole would be unassessable. In that eventuality, we would certainly shatter the faith reposed by us in ourselves while giving us the Constitution and its soul and that would be the most unfortunate day for all of us,” it added.

Adjourning more the 50 cases with the aforesaid observations, the Court showed hope and faith that lawyers in the interest of justice and understanding the plight of the litigants would appear before the Court soon.

Case Title - Ifrak Ali Khan vs. Dr. Bhim Rao Ambedkar University And Another 2023 LiveLaw (AB) 328

Case Citation: 2023 LiveLaw (AB) 329

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