"Demand Not Justified, Such Politics Shouldn't Be Allowed In Any Bar Association": BCI On P&H HCBA Resolution Against CJ Ravi Shanker Jha

Dealing with a matter in connection with the Punjab and Haryana High Court Bar Association's resolution seeking transfer of Chief Justice Ravi Shanker Jha, the Bar Council Of India has observed that,

"Neither the Bar Council of India nor the State Bar Council can support any resolution of any Bar Association giving call for the boycott of the Court of Chief Justice or any Judge of any Court on such ground. It can be done only in rarest of the rare cases when there is no other remedy left to the Lawyers' bodies."

The matter before the Council

The General Council of Bar Council of India on May 10, was hearing the revision-cum-stay petition filed by the Punjab and Haryana High Court Bar Association against the order passed by the Bar Council of Punjab and Haryana whereby it had stayed the P&H HCBA's resolution dated May 7 which demanded the transfer of Hon'ble Mr. Justice Ravi Shanker Jha Chief Justice to another High Court and to boycott the Court of CJ until he is transferred.

Refusing to grant a stay on the order passed by the State Bar Council, the Bar Council of India admitted the Revision Petition for final hearing and the notice to the Bar Council of Punjab and Haryana was issued fixing 14th May, 2021 as the date for final hearing.

However, the Bar Council of India did not find any prima facie case for grant of any stay of the order dated May 7 passed by the Chairman Bar Council of Punjab and Haryana.

Importantly, the Bar Council said,

"The demand of transfer of the Chief Justice prima-facie does not seem to be proper and justified, nor is going to solve the problem. Any type of such politics should not be allowed to be played in any Bar Association. The Associations should desist from passing such resolutions."

Lawyers facing problems

The Bar Council fo India observed that there is a serious risk of life if a lawyer starts discharging his professional duties and appearing in Court physically and that even in the hearings through Video-Conferencing, there are probabilities of getting infected as an Advocate cannot run his office without the assistance of the staff. \

"The petitioner High Court Bar Association has rightly said that if a lawyer shuts down his office completely, he or his family will die of starvation. The harsh truth is that today, barring a few blessed advocates, the entire legal fraternity is facing the same situation for the last 13-14 months," it added.

Council's opinion on HCBA's resolution

However, the Council did take note of the problems and the difficulties, which the lawyers of the entire country are facing during this pandemic and observed that the problems raised by the High Court Bar Association, Punjab and Haryana High Court are not only confined to High Court of Punjab and Haryana Bar, but except one or two places, the entire legal fraternity is facing the same and similar problems.

The Council also opined that the grievances raised by the High Court Bar Association need to be redressed as far as practicable and feasible. "The Fraternity is witnessing the darkest days of their professional lives," it added.

Significantly, it also observed,

"Neither the Union Government nor any State Government has come to the rescue of the Advocates and the result is that up till now thousands of the lawyers in the country have died during this epidemic. In Chandigarh alone, more than 45 Advocates have died in the 2nd wave of Covid-19."

Lastly, the General Council of BCI stressed on the amicable settlement of this issue for which a seven Member Committee was formed to meet the Chief Justice and represent grievances. The Committee has to prepare a report giving opinion/suggestions on the same before the next scheduled hearing i.e. 14.05.2021.

Click Here To Download BCI's statement

Read BCI's statement