Court emphasizes urgent resolution of disputes obstructing justice delivery and strengthens Legal Aid Defence Counsel System.
In a significant development, the Punjab and Haryana High Court has issued a series of directives to address the ongoing protests by lawyers in Punjab, which have been severely hindering access to justice for litigants. The protests have been ongoing for over 27 days, leading to a substantial disruption in the justice delivery system.
The Division Bench comprising Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor expressed grave concerns over the prolonged denial of access to justice due to the protests. The Court emphasized that while the right to protest is recognized, it should not obstruct the administration of justice or deny litigants their fundamental right to access legal recourse.
The Court has urged the Bar to resolve issues amicably, highlighting that such disruptions reflect poorly on the justice delivery system. The High Court has been assured that discussions are underway to resolve the matter expeditiously.
Simultaneously, the Court issued comprehensive directives aimed at enhancing the transparency and implementation of the Legal Aid Defence Counsel (LADC) System. These directives include the preparation of jail visit rosters by the Secretary of the District Legal Services Authority, the assignment of Legal Aid Defence Counsel, and strict adherence to professional ethics by legal aid counsels.
Additionally, the Court has mandated that eligibility checks for applicants under Section 12 of the Legal Services Authorities Act, 1987, be diligently conducted. This move is expected to curb the alleged misuse of the LADC System and ensure that legal aid is provided to those genuinely in need.
The Court's directives have been well-received by the Bar Council and the High Court Bar Association, with assurances of cooperation and adherence to the new guidelines. The matter has been adjourned to 30th July 2026, with the hope that an amicable resolution will be reached soon.
The Punjab and Haryana High Court’s proactive measures underscore the critical importance of maintaining uninterrupted access to justice and the integral role of the Bar in safeguarding the justice delivery system.
Bottom line:-
Denial of access to justice on account of ongoing protests by lawyers in Punjab highlighted. Court emphasized the importance of resolving such disputes amicably and issued directives for better implementation and transparency of the Legal Aid Defence Counsel (LADC) System.
Statutory provision(s): Legal Services Authorities Act, 1987
Arvind Seth v. State Of Punjab, (Punjab And Haryana)(DB) : Law Finder Doc id # 2949330
