No one can be rendered remedy-less for lawyers sitting on strike, said Justice Ajit Kumar
Representational Pic/File
Taking note of frequent strikes in various district courts in the state causing hardship to litigants, the Allahabad High Court has observed that even if there is a strike by lawyers, judicial officers must discharge their duties.
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The high court also said that if litigants want to argue their cases, the district administration in consultation with the district judge must provide police protection to those litigants.
The observations were made by Justice Ajit Kumar while hearing a petition filed by one Ashutosh Kumar Pathak, a tenant.
"No one can be rendered remedy-less for lawyers sitting on strike. The court is also of the considered view that no lawyer can restrain a judicial officer from discharging judicial function, nor can lawyers restrain any litigant from entering the courts of law," Justice Kumar said.
During the hearing, the counsel for petitioner informed the court that lawyers are on strike in Ghaziabad district and therefore, it is difficult for the petitioner to get justice.
On this, Justice Kumar said, "I am afraid to know that the litigants are not getting justice from courts of law despite there being statutory remedies available, and are compelled to apply to the high court only for the reason that there is a strike by the lawyers in the concerned district." The judge also said, "Lawyers belong to a noble profession and I expect that lawyers shall never restrain any litigant from approaching courts in district judgeship for justice".
Disposing of the writ petition, the court in its order dated December 6 said that if the petitioner prefers statutory appeal within two weeks, the judicial officer/ presiding judge of tribunal would pass order even if strike of lawyers continues.
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