The Punjab and Haryana High Court has firmly stated that the Legal Aid Defence Counsel System (LADCS) will not be rolled back despite ongoing strikes by lawyers in Punjab. This announcement was made by a Division Bench consisting of Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, who expressed concern over the ongoing protests impeding access to justice for litigants.
High Court Stands Firm on Legal Aid System
During the hearing, the Bench emphasized its reluctance to employ severe measures against the Bar but warned that such actions might become necessary if the situation persists. The judges assured that while legitimate concerns about the potential misuse of the scheme could be discussed, the lawyers were unreasonably obstructing judicial proceedings. Justice Mishra stated, “There is no way we are going to succumb. Unreasonable demands have to be met in an unreasonable manner.”
Legal Aid Defence Counsel System Under Scrutiny
The ongoing strike has led to a state-wide shutdown of judicial remedies in Punjab for 27 days. The Court expressed disappointment over the misuse of the opportunity provided to examine the issue. The judges highlighted that only 7% of cases involved the LADCS, hinting that Bar politics might be fueling the unrest.
The petition filed before the Court argued that while protests are a recognized form of highlighting important issues, they should not interfere with the justice system or deny litigants access to courts. The Bench echoed this sentiment, calling for an immediate cessation of the strike.
Bar Council and Lawyers’ Concerns
The Bar Council of Punjab and Haryana, along with numerous bar associations, opposes the current structure of the LADCS initiated by the National Legal Services Authority (NALSA). They argue that the LADCS has established a parallel State-funded criminal defense system, impacting independent advocates by taking over a significant portion of criminal cases and receiving preferential treatment during bail and remand stages.
In a recent statement, the Bar Council expressed that the introduction of a permanent salaried LADCS has disrupted the established system of legal aid previously managed by panel advocates under the Legal Services Authorities Act. They claim this change occurred without proper consultation with the organized Bar.
Representatives from the Bar Council, alongside bar associations from Punjab, Haryana, and Chandigarh, recently met with Union Minister of State for Law and Justice Arjun Ram Meghwal to demand a review and rollback of the LADCS.
Court’s Call for Resolution
The High Court declared its willingness to investigate allegations of preferential treatment towards LADCS lawyers but refused to endorse any internal conflict among legal professionals. The Court has scheduled further proceedings on the matter for the afternoon session.
