The Punjab and Haryana High Court has recently expressed a hope for a sensible resolution to the ongoing lawyers’ strike against the Legal Aid Defence Counsel System (LADCS) in Punjab. The Division Bench, comprising Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, addressed the issue while hearing a petition concerning the strike’s impact on access to justice for litigants in the region (Arvind Seth v State of Punjab and Others).
Judicial Commentary
During the session, the court remarked, “We hope and trust that wiser heads will prevail and this Court would not be called upon to deal with the issue raised in the present matter, on the judicial side.” This statement underscores the court’s preference for an amicable resolution outside the judiciary’s intervention.
Petition Details
The petition, filed by advocate Arvind Seth, emphasized the importance of lawful protest but argued against actions that disrupt the administration of justice. It highlighted the necessity for the Bar to address such issues internally, without impeding litigants’ access to legal recourse.
Bar Association’s Stance
The Punjab and Haryana High Court Bar Association, represented by its president Rohit Sud, along with other members, argued for resolving the matter within the Bar’s jurisdiction. The court scheduled the next hearing for July 23.
Opposition to LADCS
The Bar Council of Punjab and Haryana, alongside various bar associations, has opposed the LADCS, introduced by the National Legal Services Authority (NALSA). They argue that the traditional panel advocate system, governed by the Legal Services Authorities Act, has effectively provided legal aid by ensuring fair work distribution. The new permanent salaried system, they claim, was implemented without sufficient consultation with the Bar.
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In a recent statement, the Bar Council highlighted the need to strengthen legal aid in a way that supports the independent Bar, rather than replacing it. A delegation, including Bar leaders from Punjab, Haryana, and Chandigarh, met with Union Law Minister Arjun Ram Meghwal to advocate for a review and rollback of the current LADCS structure.
Advocate Arvind Seth represented himself in the proceedings, while the High Court Bar leadership, including President Rohit Sud and other key office bearers, also participated in the matter.
