A Delhi advocate, after encountering a number of allegedly unruly Delhi lawyers striking over the enhancement of Delhi district court’s pecuniary jurisdiction, sent Legally India an email earlier today.
This is it:
So this morning I was physically prevented by [officials] of the Saket Bar Association along with a horde of lawyers from entering the premises of the Saket Court on the stupid ground that lawyers are on a strike against increase in jurisdiction of high court.
Well, how about the fact that I’m a lawyer and I don’t want to be on a strike.
I don’t want my client to suffer another date which is six months down the line.
Who the hell elected these people and how can they prevent a lawyer from entering the court?
Secondly, I saw at least two instances where the lawyers standing on the entry physically misbehaved, pushed and shoved two lawyers who managed to get inside.
Those lawyers were dragged out of the court and manhandled by the unruly crowd.
Which side of the law are they on? And how can such people be given the responsibility of representing other people’s interest?
Thirdly, I hope the idiots realise that their strike is going to make no difference in the matter. What has to happen, will happen.
But let’s all become goons, manhandle other lawyers, stop all court work in the interest of scoring a brownie points in the upcoming Saket bar elections and yes, litigants and justice be damned!
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the concept of original side jurisdiction has lost its appeal. at one time, it perhaps made sense to have original side in the high court. but today in any case all the procedural work is done by the registrar's office. so what purpose does the original side serve ?
so why should the high court have original side jurisdiction ?
One reason: and one reason alone. hefty fees per appearance for the seniors and the comfort of having all civil suits listed before a single place instead of multiple forums in Delhi. result: the pecuniary jurisdiction enhancement gets delayed deliberately.
its alright to say, I don't want to take part in the strike.
but think about this from others perspective. these lawyers are pushing for something that will get them more work (and money) which for reasons of hefty fee alone is being delayed by the powers to be.
so you want to call lawyers goons? for physically stopping you from entering court room ? well then, yes.
but do spare an adjective or two for the lawyers who intentionally delay the enhancement of pecuniary jurisdiction.
delay effects my right to earn. when every one has decided, years ago, to enhance the jurisdiction. Enhance it.
I have begged. I have done everything. I am left with no option
I get paid for appearing. so it effects me too.
tell me an option apart from strike, that I have not done. and I will do.
But isn't the point that the strikers make it impossible for anyone to say, "I don't want to be part of the strike", because they are bullying all lawyers and litigants to also support the strike, whether they want to or not?
And don't lawyers have recourse to better arguments than holding the justice system to ransom? Can't they file a writ petition or lobby the government or something instead?
I agree that pecuniary jurisdiction should be increased, but is blackmail the best and most responsible way of getting that to happen?
This enhanced jurisdiction issue has been pending from the time when Katju was the CJ of Delhi HC.
What do you think was happening all these years ?
This is nothing but deliberate delay for transferring cases to lower courts.
Everything from writs to negotiations to lobbying has been done.
Why don't you try to get a number of an elected official and interview him (assuming you are in mumbai and the lawyer in delhi)
This is not a blackmail. tell me, when everything else has been tried and failed.what option is left ?
If a proper legal recourse as you say is followed, by the time the pecuniary jurisdiction is enhanced, it would have been time to increase it to 10 crores.
Holding the judicial system to ransom is not the answer to your problems. People who were entrusted with the important job of upholding the sanctity of our Constitution and Legal system are making the mockery of it. It's a shameful situation.
This move creates tension and uncertainty and therefore opportunities. It's gonna be AHHHHHSOME!
we live in a banana republic. the district courts have been striking for too long. a more violent agitation is needed.
who ever te author is, he needs to grow a damned pair and needs to face the realities of business.
He/ should wake up to the ground realities of indian legal practice.
If anyone is stopping and saying we are fighting for our rights so you cant enter to profess your profession today, then somewhere you are taking your clients right as well and nothing to do to keep yourself busy at work.
It has become monopoly at courts for many lawyers but I know, it cant be cured.
It is certainly disheartening to learn that many lawyers here don't consider their role in similar light. Perhaps no reference to rules of professional standards will serve any purpose in convincing Vakil Sahib or his Junior otherwise.
PS- Repeated "growing a pair" references really do bring out the "machismo" of the argument. Add to that the word "damned" and you've got yourself a Rambo.
wake up be realistic.
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