August 19, 2012 4:44:39 am
Lawyers of Punjab,Haryana and Chandigarh are up in arms against the concept of evening courts.
So much so that the bar associations from both the states have represented to the Bar Council of Punjab and Haryana requesting the central government to shut down the evening courts.
Taking up their case,representatives of the Bar Council met the Union Law Minister Salman Khurshid last week. They argued that the decision to implement evening courts is against the basic provisions of the Constitution of India.
Speaking to Newsline,Chairman,Bar Council of Punjab and Haryana,Advocate Lekh Raj Sharma said,There are practical difficulties in implementing the evening courts. After a long day of work,lawyers have to return to their offices in the evening to prepare for the next days cases. Asking the lawyers to spend time in evening courts is unreasonable. Neither will the lawyers be able to spend time,nor will they be able to deliver their best in such circumstances.
He said that the lawyers have suggested that either special powers should be given to the lawyers to dispose of cases pertaining to cheque dishonour cases under Section 138 of the Negotiable Instruments Act,or more courts should be set up which can function during the day.
Sharma added that retired judges can be posted as judges in special courts to reduce the backlog of cases,but setting up evening courts cannot be the solution. At present,evening courts are functioning in Punjab,Haryana and Chandigarh. In Chandigarh,an evening court was set up a couple of months back.
In a representation submitted to the Law Minister,the representatives of the Bar Council have submitted that setting up of the evening courts is a unilateral decision of the central government which has been enforced without taking into consideration the views of representatives of the bar associations. Before implementation of the decision of evening courts,the practical difficulties faced by the lawyer community have not been noticed and looked into. The decision of implementation of evening courts is against the basic provisions of the Constitution of India.
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