1. While lawyers of Punjab and Haryana High Courts, are protesting at the High Court premises in Chandigarh, over the issue of setting up of ‘State Administrative Tribunal’ at Karnal, court work is in suspension and justice is in limbo.
2. The justice delivery system at the High Courts is at standstill, and the way forward seems unclear. With a state government that is unwilling to budge, and a Bar that is unwilling to back off, it is the litigants who are left high and dry, as their cases get further delayed.
3. Agitating lawyers of Punjab and Haryana High Court, however, seem to have reached a bit of an impasse, in absence of unity.
4. Some have become so entangled in mutual show downs, that they have lost sight of the main goal. The rift in the members of the Bar is quite clearly visible.
5. On the other end, the political class holding legislative power, is clear with what it wants. Setting up of tribunals goes in their favour, especially in light of getting political mileage, and gaining inroads into judicial powers in the long run.
6. It is suggested by some that the idea of moving the tribunal to Karnal was proposed because Mr. Manohar Lal Khattar, the Chief Minister of Haryana, comes from Karnal constituency. Getting a tribunal to Karnal may not only be supported by lawyers of Karnal, and adjacent areas, but also impress the ordinary voter of the constituency.
7. The lawyers of Punjab and Haryana High Court in Chandigarh are protesting, knowing that setting up of administrative tribunal in Karnal, is certainly going to take their business to Karnal.
8. As far as the govt. employees are concerned, they know very well that tribunals are only going to make the long road to justice even longer, as now they will first have to go to the tribunal and then to the high court.
9. As far as bureaucrats and retired judges are concerned, for them tribunals are a post-retirement jackpot, that they are certainly going to love. What better way can there be, to earn salary, respect and status post-retirement, other than being the chairperson or member of a tribunal.
10. Some lawyers are even discussing that if HCS and IAS officers can be posted to tribunals as members, why can’t senior lawyers be made members who have a much greater experience in handling the machinery of justice, rather than the bureaucrats, whose basic expertise lies in pleasing the establishment.
11. Tribunals were created with an aim of giving speedier and affordable justice to litigants and to reduce pendency in courts. However the burden of the high courts has not reduced as the tribunals have a high pendency of cases, and since the appeals from tribunals still go to the High Courts.
12. Although started with noble intentions, tribunals have failed to take care of pendency.
13. Social activists like me feel that as the initial idea of tribunal benches comprising of experts only, is not strictly adhered to, they have failed in their intended mission .
14. Now a days Judges who have never dealt with a branch of law in their judicial career, are at times made chairperson of tribunals, that are not an area of their expertise.
15. Non-judicial members too, are picked from amongst those in favour, of the incumbent appointing political bosses.
16. Undoubtedly, there is an overall dissatisfaction about setting up of tribunals. Tribunals have been shut or/and are under consideration of beong shut, at places, for examples in Himachal and Orissa.
17. However, opposing any governmental decision by protesting against it, and that too by shutting work, is not only going to make the common man suffer, but also make an arrogant establishment dig its heels deeper, just to hold onto its decision.
18. If the lawyers want to take their agitation further, to a conclusive result, all sides have to get out of a confrontational mode and get into a collaborative mode.
19. Some friends might agree or disagree with my views, but this comes from my experience with life.
🚩Truth is God.🚩
✒Guru Balwant Gurunay.⚔
2. The justice delivery system at the High Courts is at standstill, and the way forward seems unclear. With a state government that is unwilling to budge, and a Bar that is unwilling to back off, it is the litigants who are left high and dry, as their cases get further delayed.
3. Agitating lawyers of Punjab and Haryana High Court, however, seem to have reached a bit of an impasse, in absence of unity.
4. Some have become so entangled in mutual show downs, that they have lost sight of the main goal. The rift in the members of the Bar is quite clearly visible.
5. On the other end, the political class holding legislative power, is clear with what it wants. Setting up of tribunals goes in their favour, especially in light of getting political mileage, and gaining inroads into judicial powers in the long run.
6. It is suggested by some that the idea of moving the tribunal to Karnal was proposed because Mr. Manohar Lal Khattar, the Chief Minister of Haryana, comes from Karnal constituency. Getting a tribunal to Karnal may not only be supported by lawyers of Karnal, and adjacent areas, but also impress the ordinary voter of the constituency.
7. The lawyers of Punjab and Haryana High Court in Chandigarh are protesting, knowing that setting up of administrative tribunal in Karnal, is certainly going to take their business to Karnal.
8. As far as the govt. employees are concerned, they know very well that tribunals are only going to make the long road to justice even longer, as now they will first have to go to the tribunal and then to the high court.
9. As far as bureaucrats and retired judges are concerned, for them tribunals are a post-retirement jackpot, that they are certainly going to love. What better way can there be, to earn salary, respect and status post-retirement, other than being the chairperson or member of a tribunal.
10. Some lawyers are even discussing that if HCS and IAS officers can be posted to tribunals as members, why can’t senior lawyers be made members who have a much greater experience in handling the machinery of justice, rather than the bureaucrats, whose basic expertise lies in pleasing the establishment.
11. Tribunals were created with an aim of giving speedier and affordable justice to litigants and to reduce pendency in courts. However the burden of the high courts has not reduced as the tribunals have a high pendency of cases, and since the appeals from tribunals still go to the High Courts.
12. Although started with noble intentions, tribunals have failed to take care of pendency.
13. Social activists like me feel that as the initial idea of tribunal benches comprising of experts only, is not strictly adhered to, they have failed in their intended mission .
14. Now a days Judges who have never dealt with a branch of law in their judicial career, are at times made chairperson of tribunals, that are not an area of their expertise.
15. Non-judicial members too, are picked from amongst those in favour, of the incumbent appointing political bosses.
16. Undoubtedly, there is an overall dissatisfaction about setting up of tribunals. Tribunals have been shut or/and are under consideration of beong shut, at places, for examples in Himachal and Orissa.
17. However, opposing any governmental decision by protesting against it, and that too by shutting work, is not only going to make the common man suffer, but also make an arrogant establishment dig its heels deeper, just to hold onto its decision.
18. If the lawyers want to take their agitation further, to a conclusive result, all sides have to get out of a confrontational mode and get into a collaborative mode.
19. Some friends might agree or disagree with my views, but this comes from my experience with life.
🚩Truth is God.🚩
✒Guru Balwant Gurunay.⚔
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