‘Lawyers’ Grievance Cannot Outweigh Tears & Pain of Litigants’: Allahabad HC on Strike Post Hapur Incident

Taking a note of the ongoing strike of the lawyers following the Hapur incident of alleged police brutality on advocates, Justice Kshitij Shailendra of Allahabad High Court has expressed his concern for the rights of the litigants.

While adjourning the matters, the judge on Tuesday pointed out that despite the due communication issued by the high court through the Registrar General on September 11, that arguments through Video Conferencing/ Virtual mode would be permissible from the next day, neither any lawyer physically appeared to argue the matters nor had any request for Video Conferencing was sent to the court.

Justice Shailendra said the lawyers are continuing their strikes despite positive intervention by the high court on judicial side on the request of Bar Association as well as Bar Council of UP by initiating a suo motu PIL.

“…simply passing over this case would add burden to this court and it would not be possible to cope up with the situation as the list of fresh cases is getting lengthy day-by-day,” he said.

The judge stressed that the cases are not disposable commodities to be treated as mere statistics as their purpose is not to provide a livelihood for lawyers or a monthly disposal quota to judges rather each case that comes before a judge, has an element of a human problem concerning the life, liberty, livelihood, family business, profession, work, shelter, safety and security of the citizen.

Many of the litigants belong to the downtrodden and weaker sections of society who are defenceless, poor and ignorant, he stressed.

“Their silent cry for a civilised human solution to their grievances and problems, and for a level playing field is a call for justice, to be felt and heard not only by the Judges but also by the lawyers,” stressed Justice Shailendra.

He further said “since the lawyers, unfortunately, are not hearing this cry, whatever may be the reason, it cannot have more weight than the weight of tears and pain of litigant(s) who have reposed all faith in our judicial system and the institution of justice”.

Therefore, considering the plight of the litigant(s) and with the intention that on account of non-cooperation by the lawyers, no harm is caused to the grievance of the litigant(s) and functioning of the court do not go out of control in any manner, he adjourned the matters in interest of justice.