Lawyer refuses to argue citing strike, Delhi court says he has ‘forsaken right’
The Delhi court was hearing arguments on charge in the land-for-jobs corruption case lodged by the CBI against former Bihar chief minister Lalu Prasad Yadav and his family.
The coordination committee of all district court bar associations, via a circular issued on Thursday, had stated that there would be a complete abstention of work in all the district courts of Delhi on August 22 and 23.(Photo: Praveen Khanna)
A Delhi court on Friday said that a lawyer was deliberately avoiding arguments after he refused to argue despite being given multiple opportunities, saying that a strike was on.
“The court has no reason to comment on the validity of the purported ‘strike’ by lawyers…the court forms the clear conclusion that the ld. Counsel is deliberately avoiding arguments,” Special Judge Vishal Gogne of Rouse Avenue court said in an order.
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“It is also disconcerting that despite the counsel being available online and thus being in a position to advance arguments in the hybrid mode, the said opportunity is not sought to be availed,” he added.
The coordination committee of all district court bar associations, via a circular issued on Thursday, had stated that there would be a complete abstention of work in all the district courts of Delhi on August 22 and 23. The committee had taken this step in response to an August 13 notification by Delhi Lieutenant Governor V K Saxena, which allowed Delhi Police to provide evidence to court via videoconferencing from police stations, as opposed to the standard practice that requires them to be physically present in court.
“Moreover, this court, being a designate court for trial of cases pertaining to MPs/MLAs, is mandated to provide expeditious hearing,” Judge Gogne added.
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He was hearing arguments on charge in the land-for-jobs corruption case lodged by the Central Bureau of Investigation (CBI) against former Bihar chief minister Lalu Prasad Yadav and his family. The judge had granted two opportunities for the counsel to advance arguments, stating that 92 of the 99 accused had already presented their cases.
“It is especially highlighted from the said orders that adjournment can only be granted in exceptional circumstances. With the option of online arguments being consciously rejected, the grounds for adjournment are entirely self serving and completely unexceptional,” the judge said.
“The court is constrained to record that the ld. Counsel…does not intend to advance arguments on charge and has therefore forsaken the right to argue on their behalf,” he added.
The coordination committee of all district court bar associations, via a circular issued on Thursday, had stated that there would be a complete abstention of work in all the district courts of Delhi on August 22 and 23.(Photo: Praveen Khanna) 
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