The Supreme Court has expressed anguish over the strike by two lawyers bodies in Uttar Pradesh over the matter related to setting up an Education Service Tribunal in Lucknow, saying the entire judicial system is being held at ransom. Noting that approximately 10 lakh matters are pending in the Allahabad High Court,
the apex court said more responsibility lies on the office bearers of both the bar associations to behave in a responsible manner as courts are meant for delivering justice and their doors cannot be shut down to the litigants whose life, liberty and property are in danger. A bench of justices Arun Mishra and M R Shah made the observations last week as it quashed an Allahabad High Court order taking suo-motu cognisance of the matter related to setting up of Education tribunal in Lucknow.
The suo-motu exercise was wholly uncalled for and in fact, resulted into agitation and cross-agitation in the bar associations, the apex court said referring to the stirs by Allahabad High Court Bar Association and Oudh Bar Association, Lucknow. "Lawyers have the duty not only to the system, but also to the society and the country. They belong to a noble profession which has a high respect in society and that is why lawyers form different respectable class of society," the bench said in its order.
"We expect that good sense will prevail in both the bar associations and they are not supposed to settle their demands by resorting to strikes which may lead to nothing but delaying the justice to the litigants," the bench said. The top court also said approximately 10 lakh matters are pending in the Allahabad High Court and office bearers of both the bar bodies must ensure that judicial work is not hampered even for a day.
"That is why, more responsibility lies on the office bearers of both the bar associations to behave in a more responsible manner and to ensure that the courts are not closed even for a day and work is continuously done there, otherwise the day is not away when some devise will have to be worked out how the arrears can be reduced and speedy justice can be rendered to the litigants," it said. "It is a very unfortunate situation that both the bar associations have not acted in a responsible manner as is expected from them, the entire judicial system has been held
on ransom by going on strike," the bench said. The bench was hearing petitions against the high court's decision to take suo motu cognisance of the decision on EducationService tribunal.
The top court said that suo motu (on its own) exercise of the power by the Allahabad High Court was "absolutely uncalled for" in such a matter of establishment of education tribunal at Lucknow. It asked both the bar bodies to not indulge in strike at all.
"We further decline to comment on the merits of the impugned order as suo-motu exercise was wholly uncalled for and exercise of which has, in fact, resulted into agitation and cross-agitation in the bar associations. The impugned order is set aside," the bench said. "However, it is open to the aggrieved person to take recourse to the appropriate proceedings in accordance with law," it said.
The Allahabad High Court lawyers are opposing shifting of various government offices and tribunals to Lucknow and have accused the state government of curtailing the statutory powers of the high court and lowering the primacy of the historical city. They are protesting against a bill that seeks to set up the Education Service Tribunal at Lucknow, having jurisdiction over all districts of the state.
The UP Education Service Tribunal Bill, 2019 is awaiting presidential assent.
(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)