Guest Column: Bar or bench - a tough balancing act amid Covid

Since September 2020, Punjab and Haryana high court advocates have been demanding that steps be taken to normalise courts’ functioning in a phased manner, however, the demand hardly evoked a favourable response, which led to passing of a resolution demanding the transfer of the chief justice

The Punjab and Haryana high court and all courts subordinate to it in Punjab, Haryana and Chandigarh, suspended their normal functioning in the third week of March 2020.

During the last year, advocates’ income has drastically decreased. Unable to bear the cost of living in the tricity, many were forced to leave for their home towns and villages. (HT File/Representative Photo)

The HC has been hearing a limited number of matters through video-conferencing mode. Things began to look up when the Centre and state governments began to open up all sectors of the economy. However, courts failed to keep pace with the sectors that were opening up. The limited listing of matters has adversely affected the livelihood of thousands of advocates and their associates.

Since September 2020, the advocates have been demanding that steps be taken to normalise courts’ functioning in a phased manner. However, the demand hardly evoked a favourable response, which led to passing of a resolution dated February 1, demanding the transfer of the chief justice and boycotting his court until then. A middle path was struck where the court administration agreed to open courts for physical hearing in a phased manner and also agreed to make all courts functional through video-conferencing mode. The listing of fresh matters increased to approximately 1,000 cases per day, bringing respite to advocates and litigants.

As the Covid curve steepened in April, the HC administration yet again started restricting the listing of cases from April 23. Only around 117 matters were listed for hearing on May 10 before 13 benches of the HC. Even anticipatory bails and other matters concerning life and liberty of citizens are not being listed. The bar association tried to prevail upon the HC administration to open up listing and hearing through video conferencing, but to no avail . Consequently, on May 7, the executive committee of the bar association decided to revive the resolution seeking transfer of the chief justice.

The Bar Council of Punjab and Haryana was prompt to intervene and issued a letter highlighting the surge in virus cases and also delved on the safety of advocates, judges, judicial officers, and court staff. The bar council went ahead to stay the May 7 resolution . It is a matter of debate as to under what provision of law the bar council stayed the resolution passed by a bar association, which is an independent body registered under the Society Registration Act.

During the last year, advocates’ income has drastically decreased. Unable to bear the cost of living in the tricity, many were forced to leave for their home towns and villages. Those who have stayed behind are struggling to make ends meet. An overwhelming majority of advocates, to borrow a phrase, have to virtually dig the well every day to drink water.

The Bar Council has also not taken any tangible steps to alleviate the sufferings of the advocates in the last year. Experts are now predicting a third wave of infections, so Covid is here for the long haul. The Bar Council must also clarify its plans for advocates in case courts continue to work in a restricted manner for the rest the year.

With listing of cases curtailed to such an extent, the high court administration should consider rescheduled the summer vacations to an earlier date along the lines of the Supreme Court and Allahabad HC. This will allow the HC to work through June.

The former Chief Justice of India SA Bobde had once remarked, “The Bar is the mother of the bench. After all most judges commence their careers at the bar and then join the judiciary. All of us, I like to think, are co-parceners of an undivided family.” The chief justice of the HC is the karta of this undivided family and it is hoped that he will take into consideration the extreme hardship faced by a large number of family members and will perform a balancing act to address concerns of the bar and the bench.

( The writer is a practising advocate in Punjab and Haryana high court. Views expressed are personal)