Chandigarh (Aditi)
A meeting of the Bar Association representatives i.e. Presidents/Secretaries of the States of Punjab, Haryana and U.T. Chandigarh including the High Court Bar Association was convened under the Chairmanship of Sh. Karanjit Singh Chairman Bar Council of Punjab and Haryana. This meeting was graced by the presence of Advocate General, Punjab Sh. Atul Nanda, Sr. Advocate, 19 Members of Bar Council, President and Secretary of High Court Bar Association, office bearer of Senior Advocates Bar Association and 110 Presidents/Secretaries of the District and Sub Division Bar Associations of Punjab, Haryana and U.T. Chandigarh. All representatives of Bar Associations of Punjab, Haryana & Chandigarh were of unanimous view that physical hearing of the Courts should be started immediately. There was lengthy discussion and deliberation. Numbers of speakers expressed their serious concerns about the present situation of non functioning of open courts when almost all the Institution/Establishments/Departments have started functioning. But the courts are not working physically. The Mode of Video Conferencing has not proved to be effective and satisfactory. There is large scale resentment amongst the lawyers fraternity who are worse effected besides the litigants and staff working in the office of Advocates. The Advocate General Punjab who was one of the participant in the today’s meeting also expressed his views that the courts should be opened for physical hearing in a phased manner and by March 100% functioning of courts should start. However, he also expressed that we have passed through an unprecedented phase and vaccine may take some time as such we should not have a confrontational approach Almost all the speakers advocated for adoption of mode of resorting to go on strike forthwith as they have already waited for almost 9 months. About 60 speakers expressed their views and have given suggestion regarding opening of courts and starting of physical hearing. The House today unanimously authorized the Chairman of the Bar Council to finalize the modalities in order to pursue the agenda of opening of all the courts and start physical hearing of the courts. The meeting unanimously resolved as under:- i) An Action Committee of 15 members be constituted consisting of 4 Presidents of Bar Associations from Punjab, 4 Presidents of Bar Associations of Haryana, President High Court Bar Association and President of DBA, Chandigarh and 5 member from amongst Bar Council Members. This Committee shall be headed by Chairman Bar Council, This Committee will coordinate with all Bars and take necessary decisions to achieve 100% physical working of courts. ii) The Committee would meet the Hon’ble Chief Justice of Punjab & Haryana High Court immediately for making representation and conveying the sentiments of the legal fraternity. iii) The Hon’ble Chief Justice be requested to give specific directions to all the District & Sessions Judges in the States of Punjab, Haryana and Chandigarh to list all the cases in all courts with specific direction giving priority for listing of old cases concerning senior citizens, destitute ladies, matrimonial cases etc so that courts should start working with limited cause list. The direction be also be given that interim applications can be decided via V.C. however, other cases should be heard by open court by listing cases ripe for arguments, urgent nature of proceedings, evidence cases and while doing so specific time slot be indicated in the list itself for taking up the cases for hearing. iiii) The lawyers would also extend full cooperation to make the courts function physical. v) It was further resolved that all courts including High Court should start working physically forthwith and initially half of the courts should start working on alternate days each by assigning odd and even days of working of each court and after three weeks as the situation develops then start working of all the courts. vi) It was further resolved that if no decision is taken to start the physical hearing by 11.01.2021 then the action committee should resort to agitational mode. The manner of agitation would be decided by the action Committee and the lawyers in the States of Punjab, Haryana & Chandigarh would follow the decisions so taken.