pecuniary jurisdiction
As Common Cause vs Abhijat & Others came up before Justices Kurian Joseph and Arun Mishra at court No.13 on Friday (September 11) morning, Justice Arun Mishra tried to persuade Prashant Bhushan, counsel for Common Cause, not to go ahead with the contempt petition, as it would not serve any purpose. Justice Mishra said the onus is on the bar, which has to control the striking lawyers. “You have to discipline yourself”, he told Bhushan.
The Delhi high court will soon transfer thousands of cases, mostly related to property disputes, to the district courts of the capital as the President has signed into law a bill which enhances the pecuniary jurisdiction of civil courts.
Parliament faced record-low levels of productivity this session, with mainly the Delhi pecuniary jurisdiction bill and cheque bouncing bill squeezing through.
The Lok Sabha, on day 11 of the monsoon session, passed the Delhi High Court Amendment Bill, 2014 after years of wrangling and lobbying around the issue between the bar of the district court and the high courts in Delhi. The legislation increases the pecuniary jurisdiction of the High Court of Delhi from Rs 20 lakh (Rs 2m) to Rs 2 crores (Rs 20m).
Things promised to return to normal in the Delhi high court on Monday after high-stakes drama last week, when the members of DHCBA received message through the newly formed SMS handle DHCBAS declaring that the strike was suspended.
One day after members of the Delhi High Court Bar Association received text messages that its president Rajiv Khosla had been suspended for alleged “anti–bar activity”, members were left confused when they received messages today that the DHCBA secretary Abhijat was suspended.
Lawyers of Delhi’s district courts on Tuesday began an indefinite strike against the delay in passage of an amended bill in parliament on enhancement of pecuniary jurisdiction of trial courts.
Advocate RK Wadhwa, chairman of the coordination committee of all district courts bar associations, said lawyers would abstain from work till the bill is passed by parliament.
The lawyers’ association would wait for one week for passage of the bill and thereafter intensify the protest, he said.
The committee said that despite assurances, the government has not cleared the proposed bill enhancing the pecuniary jurisdiction to Rs.2 crore.
Judicial work in six city courts -- Patiala House, Tis Hazari, Rohini, Karkardooma, Saket and Dwarka -- was paralysed.
The Delhi high court Bar Association on Wednesday called off its strike protesting the clearance of bill by the Rajya Sabha to increase pecuniary jurisdiction of the high court as parliament adjourned before it could be passed by the Lok Sabha.
The Delhi high court Bar Association (DHCBA) has called for an extension of its strike against the Rajya Sabha passing the bill to increase lower courts’ pecuniary jurisdiction, asking for “complete abstention from work” on 12 and 13 May.
The Delhi high court Bar Association (DHCBA) today called for a two-day strike against the Rajya Sabha deciding to increase the pecuniary jurisdiction of district courts yesterday, after the district court bar had been on a back-to-back strike of nearly two weeks.
Tensions run high, and patience wears thin in the city's district courts as its lawyers’ bar strike for the quick-smart implementation of enhanced jurisdiction for lower courts stretches on (now until 6 May).
PTI reported that all of Delhi’s six district courts’ lawyers today decided they would go on a two-day strike over Parliament’s delay in tabling the bill to enhance lower courts’ pecuniary jurisdiction.
The lawyers would march and assemble outside the Prime Minister’s residence. Several strikes have been held over the issue.
Read this recent Legally India feature in Mint for more background on the long-running dispute.
Delhi district court bar associations are set to go on a half-day strike again tomorrow over the increase of pecuniary jurisdiction after striking the majority of last week.
An SMS to bar association members today stated:
R/M, U r requested to assemble at PHC 4 PROTEST MARCH on 24.3.15 at 2:30 PM Complete abstinence from work declared after 2PM in all Courts-Avnish Rana,Secy.Gen [Saket Bar Association]
Click here to read more about the issues and factions involved.