3 min readChandigarhJan 26, 2017 09:55 AM IST
First published on: Jan 26, 2017 at 03:44 AM IST
Justice delivery system in courts across Punjab, Haryana and Chandigarh, including the Punjab and Haryana High Court, remained paralysed on Wednesday due to the call given by the Bar Council of Punjab and Haryana to the advocates to observe January 25 as “no work” day after advocate Subhash Gupta’s murder in Hisar on Tuesday.
The murder took place around 4 pm on Tuesday near the Town Park in Hisar when Gupta was on his way from Hisar district courts to his house in Urban Estate. However, it took just around five hours’ time to the Bar Council on Tuesday to convene an “extra-ordinary meeting” to consider it “rarest of rare case” and take a decision to observe “no work” on Wednesday without waiting for the police’s action.
Whereas the Hisar police claimed to have cracked the case and ensured arrest of three accused within six hours of the murder. It came to fore that Gupta was murdered by the men sent by his advocate son Rose Gupta’s father-in-law Pawan Bansal due to an ongoing matrimonial dispute.
However, press release under the signature of Bar Council chairperson released on Tuesday late evening read, “it was unanimously decided that legal fraternity should show solidarity and to express protest against the attack on freedom of expression of lawyers and to maintain the dignity of the legal profession.” By the time a Bar Council delegation headed by chairperson Jai Vir Yadav went on to meet Haryana Chief Minister Manohar Lal Khattar on Wednesday morning around 9.30 am, they were informed that accused have been arrested.
Questioned by The Indian Express for the tearing hurry shown to observe no work day affecting litigants’fundamental right to speedy justice, not only in Hisar district courts but across all courts in Punjab, Haryana and Chandigarh, Bar Council chairperson reasoned, “It was murder of a senior advocate in broad daylight and there was pressure from the legal fraternity so we considered it as rarest of rare case.” Yadav added since Bar Council has jurisdiction over Punjab, Haryana and Chandigarh so its decision is applicable for all.
Asked whether Bar Council’s decision amounts to contempt of the Supreme Court’s constitution bench judgment in “Ex-Capt. Harish Uppal vs Union Of India & Anr” that rules “lawyers have no right to go on strike or give a call for boycott, not even on a token strike”, Yadav replied, “we will not make it a routine in future but deteriorating law and order situation in society demanded such decision.”
Asked whether the Bar Council has ever taken such decision for deteriorating law and order situation even in tricity where there is Council’s office, like recent rape on a 20-year-old engineering student at gunpoint in Panchkula in which accused have not been arrested, Yadav replied in negative. Questioned whether the professional bodies like the Medical Council of India should also take a decision to call it a ‘no work’ day across India if a doctor is murdered somewhere, Yadav didn’t have a reply.
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